Legal Question in Criminal Law in California

You Hire A Lawyer.

Mr. Stone is right. Why don't you have an attorney? Your attorney will prepare a motion and file it, and it will be set for hearing in accordance with criminal procedure.

Preferably by having a lawyer do it for you. You're allowed to do this yourself, but you won't know how to do it correctly unless -- maybe -- you have a very sophisticated legal background. If you had such a background, though, you wouldn't need to ask this question.

Scheduling a hearing is the easy part. You will also need a written motion that analyzes both the relevant facts and the applicable law, explaining why the law is on your side. After the prosecutor files her opposition, you will need a reply brief which rebuts her legal and factual arguments. You may need to support either or both if these documents with evidence, which must be presented and authenticated properly. And then you will need to argue against the prosecutor at the hearing. It is *very* unlikely that you will succeed on your own.

By preparing and filing the proper motions and conducting the evidenciary hearing on the motion. If you don't know how to do so, the likelihood of doing it right and succeeding is remote. That's why most people hire an attorney to represent them. If serious about doing so, feel free to contact me.

I'm sure you can tell by all the answers you've received the best way to go about doing what you're requesting information about is through an attorney. If you're in a situation and you need to file a suppression motion then you should at the very least have a public defender representing you. If you don't, make a request to the court to have one appointed. If you already tried that and you did not qualify because you earn to much money, stop messing around and get yourself an attorney. Legal matters are not something to play around with. The consequences can be very serious and last a life time. Although, all the attorneys answering this question have said it in different ways, they are basically telling you to stop thinking this is something you can do without the proper background, education and experience. So get an attorney.

Good luck,

Brian D. McGinity