Sacramento, CA asked in Criminal Law for California

Q: How do I go about surpressing any evidence against me

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2 Lawyer Answers
David Stephen Kestenbaum
David Stephen Kestenbaum
Answered
  • Criminal Law Lawyer
  • Van Nuys, CA
  • Licensed in California

A: You hire an attorney or have the Public Defender appointed as this is not a DIY project.

But if you insist on representing yourself, you need to read PC 1538.5 and the following sections to determine if your fact pattern leads to a 1538.5 Motion.

That means that it was either a warrantless arrest without any of the exceptions or the Affidavit was wrong and the Magistrate wrongfully signed the Search Warrant.

There is much case law on this area of the law that you need to familiarize yourself with.

Lastly, you are opposed by a trained prosecutor, so reconsider doing it yourself.

Good luck

Tim Akpinar agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

however first thing is to retain a criminal lawyer............if you can't afford one the judge will appoint one at the first appearance called an arraignment......either public defender or court appointed lawyer...at not cost to you if you can't afford a lawyer.

that lawyer will file a 1538.5 motion to suppress if the facts warrant it.

Tim Akpinar agrees with this answer

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