Q: If a case was dropped against my co defendant with a motion to supress evidencee when can I file a motion to dismiss
Co defendant file s motion to supress it was granted ...now I'm getting ready to go to arringment and I want to know when I can introduce a motion. To dismiss based on his motion
A:
Speak to your lawyer about this. You may or may not have standing to bring such a motion. If you have standing, it sounds like the motion should have been brought already. If you lack standing, maybe you can use the unlawful search to your advantage in settlement negotiations.
Again, you should speak to your lawyer about this. If you don't have a lawyer, call a lawyer immediately.
A: The motion to suppress pursuant to section 1538.5 of the California Penal Code may well lead to the dismissal of the case against you depending on the circumstances of the search and seizure. You might get lucky and have the case against you dismissed outright but more than likely you will have to file your own 1538.5 motion. You should see if the attorney for the co-defendant will cooperate with your attorney in this regard.
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