Los Angeles Criminal Motions

Los Angeles Criminal Motions

When you’re facing criminal charges, filing pretrial motions can be a critical part of your defense strategy. Motions give your Los Angeles criminal defense attorney a chance to challenge the prosecution’s case against you and protect your rights. This article will walk you through some of the most common pretrial motions filed in Los Angeles criminal cases and how they can help achieve the best possible outcome.

Motion to Suppress Evidence

One of the most powerful tools in a criminal defense lawyer’s toolbox is a motion to suppress evidence. These motions argue that certain evidence against you – like statements you made or items seized by police – should be excluded from your trial because your rights were violated in obtaining it.

For example, if you were subjected to a search without probable cause or a valid warrant, your attorney can argue the results should be suppressed. If the judge agrees, prosecutors won’t be able to use that evidence against you at trial.

Some common grounds for suppression motions include:

• Unlawful searches and seizures in violation of the 4th Amendment
• Statements obtained in violation of your 5th Amendment right against self-incrimination
• Unlawful wiretaps or recordings

If the judge grants a suppression motion, it can seriously damage the prosecution’s case. That’s why these motions are so critical in defending criminal charges.

Motion to Dismiss

Another pretrial motion your attorney may file is a motion to dismiss the charges against you altogether. These argue that even if the allegations against you are true, they don’t amount to a crime under the law.

Reasons charges could potentially be dismissed before trial include:

• The statute of limitations has expired
• You have immunity from prosecution
• The law you allegedly violated is unconstitutional
• The charges lack an essential element of the crime

While judges rarely grant motions to dismiss criminal charges, it’s still worth trying in the right case. Having charges thrown out pretrial is the ultimate win for the defense.

Motion for a Bill of Particulars

When you’re charged with a crime in California, the initial complaint or indictment may be vague about details like the date and location of the alleged offense. A motion for a bill of particulars asks the judge to order prosecutors to provide more specific information about the charges.

Getting additional details can help your defense attorney investigate the case and identify potential witnesses and defenses. It also locks the prosecution into a more definitive version of events as the case heads to trial.

Motion to Reduce Bail

After an arrest, the court will set bail – a monetary amount you must pay to be released from jail while your case is pending. If bail is set higher than you can afford, your lawyer can file a motion asking the judge to reduce it to a reasonable amount.

These motions argue that the current bail amount violates your 8th Amendment right to reasonable bail. Factors courts consider in setting bail include:

• Your prior record
• Your ties to the community
• The seriousness of the charges
• Your financial resources

Getting bail lowered allows you to fight your case from home rather than behind bars.

Discovery Motions

After charges are filed, prosecutors must share the evidence they have gathered with your defense attorney through discovery. If they fail to turn over required discovery, your lawyer can file a motion asking the judge to compel disclosure.

Common discovery motions seek access to:

• Police reports
• Witness statements
• Investigation records
• Physical evidence

Reviewing all the prosecution’s evidence allows your attorney to fully evaluate the case against you and build the strongest defense.

Pitchess Motions

In California, Pitchess motions allow you to access law enforcement personnel records that may be relevant in defending against criminal charges or a civil rights lawsuit. These confidential records can reveal prior complaints of excessive force, dishonesty, or other misconduct.

If an officer involved in your arrest has a history of misconduct similar to what you allege, that information could significantly bolster your defense. Pitchess motions are filed against the law enforcement agency, not the prosecution.

Motion for Separate Trials

When multiple defendants are charged together in the same criminal case, being tried together can prejudice each defendant’s right to a fair trial. Defense attorneys may file motions to sever trials so their individual client can be tried separately.

Reasons to request separate trials include:

• A co-defendant’s confession that implicates you
• Antagonistic defenses where defendants blame each other
• Evidence that’s inadmissible against one defendant but allowed against another

Trying cases separately protects each defendant’s constitutional rights.

Motion for Change of Venue

Criminal defendants have a 6th Amendment right to trial by an impartial jury. If there has been extensive pretrial publicity or local bias makes it unlikely you can get a fair trial in the current venue, your lawyer may motion for a change of venue.

This asks the court to move the trial location to a different county where potential jurors are less likely to have prejudged your guilt. Venue changes are rarely granted unless the circumstances are extreme.

Motion in Limine

Motions in limine ask the court to exclude prejudicial or improper evidence before it ever reaches the jury. They are typically filed on the eve of trial.

Common grounds for limine motions include trying to exclude:

• Hearsay statements
• Past criminal convictions
• Inflammatory photos or videos
• Irrelevant information that would confuse jurors

Limine motions help ensure trials stay focused on relevant evidence rather than emotions or biases.

When to File Criminal Motions

The timing for filing pretrial motions varies. Motions to suppress must be made before trial unless there’s good cause shown. Most other motions – like dismissal, discovery, and change of venue – can be brought any time before trial begins.

Talk to your Los Angeles criminal defense lawyer about the best strategy in your case. Having an experienced attorney argue pretrial motions maximizes the chance of success.

With so much on the line, protecting your rights through smart pretrial motions could be what prevents a conviction. Don’t leave your defense to chance – contact a skilled local lawyer to fight for you.

References

Los Angeles County Superior Court Local Rules – Chapter 8 Criminal Rules
California Penal Code Section 1538.5 – Motion to Suppress Evidence
California Penal Code Section 995 – Motion to Set Aside Indictment or Information
California Penal Code Sections 1050-1054 – Discovery in Criminal Cases
California Penal Code Section 859 – Preliminary Examinations
Motions for a New Trial in California Criminal Cases