Legal Question in Criminal Law in California
incompetant attorney
Failed to file motion to suppress search warrant evidence, Affidavit for search warrant falsfified.
evidence of defendants innocents never presented in court.
mistrial?
1 Answer from Attorneys
Re: incompetant attorney
Warrant is falsified and suppression warranted only if you can prove them to be so. There is no such thing as mistrial on suppression motion, only judge's ruling as to whether the motion is granted or not. Granting of the motion generally will result in the dismissal of the case, not mistrial. If the motion is not granted, you will proceed to trial unless you resolve the case by a plea bargain.
I would not be doing this by myself. I hope you have a lawyer filing and arguing the motions as well as handling the whole case for you. If you do not have one, feel free to give me a call.
Best,
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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