Q: WHEN AND WHICH MOTION DO I FILE BEFORE PRELIMINARY HEARING FELONY CONTESTING VALIDITY OF WARRANT CALIFORNIA.
A:
In California, if you want to contest the validity of a warrant before a preliminary hearing in a felony case, you would typically file a motion to quash the warrant under Penal Code section 1538.5(a)(1). This motion challenges the legal basis for the issuance of the warrant.
Here are the key points regarding the timing and nature of this motion:
1. Timing: The motion to quash the warrant should be filed prior to the preliminary hearing. Ideally, it should be filed as early as possible after arraignment to allow sufficient time for the court to hear and decide the motion before the preliminary hearing date.
2. Type of Motion: The specific motion to file is a "Motion to Quash and Traverse Search Warrant" under Penal Code section 1538.5(a)(1). This motion asserts that the warrant was invalid and asks the court to suppress any evidence obtained as a result of the improper search.
3. Grounds for the Motion: The motion should detail the specific reasons why you believe the warrant was invalid. Common grounds include lack of probable cause, staleness of information, or material misrepresentations or omissions in the warrant affidavit.
4. Hearing: If the court finds that your motion has merit, it will schedule a hearing where both sides can present evidence and arguments related to the validity of the warrant. The judge will then decide whether to grant or deny your motion.
It's important to note that this is a complex legal process, and the specific procedures and deadlines may vary depending on the court and the facts of your case. It is highly recommended that you work with an experienced criminal defense attorney who can assess the specific circumstances of your case, advise you on the best course of action, and ensure that all necessary motions are filed correctly and on time.
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