QUESTION
Is this accurate, or pre-trial motions to suppress and for dismissal this filed with missing information all the time?
Asked on Jan 26th, 2013 on DUI/DWI - Nevada
More details to this question:
My attorney has filed a motion to suppress and for dismissal of the charges against me without having reviewed the police report. This seems backwards and wrong, as I would imagine that to file a complete motion. You would want to have all of the information from the police report to form any sort of compelling argument to dismiss.
6 ANSWERS
John J. Carney
You sometimes file motions like an Omnibus Motion to get the police report. If he had it he would have used it and made references to it, but he can file a supplemental motion should the report reveal additional information.
Answered on Feb 24th, 2013 at 8:37 PM
Michael J. Breczinski
Usually reviewing all the information first is the best course of action.
Answered on Feb 01st, 2013 at 7:43 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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You are second guessing your attorney. Speak with him and ask your questions.
Answered on Jan 30th, 2013 at 4:04 PM
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
2 Awards
Sometimes Motions are filed as a matter of course to preserve options for you later down the road sometimes Motions are required to be filed even if you have no intention or hope of being successful on the Motion.
Answered on Jan 30th, 2013 at 4:04 PM
James Edward Smith
The police report is hearsay and not necessary to file this kind of motion
Answered on Jan 30th, 2013 at 4:04 PM
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
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Our office frequently files motions with little or no facts contained in the body to avoid tipping the prosecutor to the issues underlying the constitutional basis of our challenge and preparing their witnesses to address areas lacking legal sufficiency. There is case law that supports such minimal pleading. Your attorney may also want to get the motion filed within the statutory period to permit an appeal and stay in the event that your motion is denied. Either way, the facts you cite are not necessarily indicative of poor judgment on behalf of your attorney and may be a strategic decision.
Answered on Jan 30th, 2013 at 4:04 PM