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San Jose, CA |

they took evidence from a car and call response they say involded the items in back seat but victims said it was the things the person was wearing ,the clothing items did not match up and they put evandance on suspect to identify him,that leaves his dna now on the evidence because of that need help for him for a 211 case, they also did not read Miranda rights in report they had only told the suspects codefandent ,what are some motions with this case

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Attorney answers 3


What kind of motions are you talking about. The first thing you "may" have a motion for is a motion to suppress the evidence if it is illegally seized (1538.5 motion). Statements made without being properly mirandized could also give rise to such exclusion however if they they ask you questions without being arrested, NO Miranda. Your questions are too technical for the limited facts you have given. You also have some issues that could be triable and not really handled in a preliminary motion like this. You should contact a defense attorney immediately.


Consult a local criminal attorney - your questions are too numerous & too complex to be answered on this website. You need to speak IN PRIVATE to an attorney.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


You need to hire an aggressive local criminal attorney to fight this case. Police reports are simply written statements of what a police officer claims to have done and observed. Often they are filled with inaccuracies, exaggerations, inconsistencies, and outright lies. An aggressive criminal attorney will examine the police report, conduct independent investigation, file relevant motions to exclude evidence, and cross examine officers regarding their reports at preliminary hearing and trial. I am local and offer a free consultation. Good luck.