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1538.5 Motion in Anaheim

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1538.5 Motion in Anaheim

Summary: This page covers How to get a Motion to Suppress.

In Anaheim, as in the rest of the state of California, a ‘1538.5 motion’ or a ‘motion to suppress’ is a tool that a defendant can use to prevent evidence against them from being used in court.

According to Penal Code (PC) 1538.5, evidence acquired through an illegal search and seizure should be thrown out of court if an appeal to do so is made. Additionally, any property acquired through the illegal seizure should also be returned after an appeal to the court is granted.

How to get a Motion to Suppress

A 1538.5 motion is a part of the California pretrial process and is therefore usually filed and determined before a trial actually begins. The procedure for having a motion to suppress heard before the court depends on whether the charge is a felony or a misdemeanor.

For a misdemeanor charge,

  1. A criminal defense attorney files the 1538.5 motion at the court arraignment. That is, at the first hearing of the court case (when the accused enters a plea of guilty, not guilty or no contest). The only exception is if the illegally acquired evidence comes to light after the trial has begun.
  2. Upon filing the 1538.5 motion, the court then schedules a special pretrial hearing called a ‘suppression’ hearing, when the arguments for the motion to suppress are made.

If a felony charge is involved an attorney has 2 choices for filing a 1538.5 motion,

  1. They could argue the motion at a preliminary hearing or
  2. They could wait and have the 1538.5 motion heard at a special suppression hearing devoted to this specific issue

It is important to note that having a capable and experienced attorney who is conversant with the California and Anaheim courts can prove to be a huge asset.

Contact the Johnson Criminal Law Group if you or your property has been illegally search and seized.

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Mr. R was charged with embezzling close to $100,000 as a utility salesperson using a scheme to steal customers’ identities. Client avoided any jail time and received probation.

Mr. P was charged with embezzling equipment from John Wayne Airport while working as a contractor. Our office negotiated a civil compromise, resulting in the dismissal of felony charges and sealing his arrest record.

Mr. W. was charged with eight counts, including domestic violence, child endangerment, and criminal threats. Our office negotiated an offer of one year in therapy and then a dismissal of all charges.

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I really appreciate everything she has done for me; I cannot thank her enough! Ms. Johnson-Norris did an absolutely thorough job by answering any and all questions that I had. She called me with updates and preferences on how I should be handling the case, which made the whole process very reassuring. The staff was very up to date with all of the follow-up information that was involved with my case that was also extremely beneficial. Ms. Johnson-Norris had a very reassuring aspect about her that made it very easy to let her handle the case. If anything were to go wrong with anyone I am associated with, she will be the lawyer of choice. I really appreciate everything that she has done for me, I can not thank her enough!

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Ms. Johnson-Norris was recommended to me by many sources. She was the perfect fit, financially and professionally. I did what she told me to do to get the best possible resolution and it definitely paid off. I would recommend Lauren Johnson-Norris to anyone and am truly grateful for her services. She gave me peace of mind in some bad times. Thanks, Ms. Johnson-Norris!

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Thank you so much for all your help with our case. It was a pleasure meeting you and I appreciate all you’ve done for my family. You are the best attorney that we could have and we are so grateful that we met you. Thank you from the bottom of my heart.

A juvenile delinquency client’s parent

Ms. Johnson-Norris always made me feel comfortable and confident. I was able to trust her and feel at ease very quickly. I felt like she was always on top of things and she left no questions unanswered and made that stressful time much easier for me.

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Ms. Johnson-Norris is the absolute definition of an attorney. She not only helped me with my petty theft case, but she also gave me peace of mind during these difficult times. The reason I would recommend Ms. Johnson-Norris is much more than just ‘she gets the job done.’ Rather, she works for you and gets results by taking the burden off you! I want to thank her for her time and encourage anyone who needs help to look to her for answers.

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Criminal Defense FaQ

What immediate steps will you take to protect my rights?

We provide immediate crisis command by reviewing the allegations against you and intervening with law enforcement to prevent further exposure. From the moment you retain the Firm, we act as your shield, managing all communications and executing a decisive strategy to protect your liberty and reputation.

We prioritize discretion and exposure management. We understand that a public allegation can be as damaging as a conviction; therefore, our strategy focuses on minimizing the visibility of your case while challenging the prosecution’s narrative to preserve your standing in the community.

We begin by meticulously reviewing the allegations to determine if the conduct even constitutes a crime under the law. We then scrutinize the prosecution’s evidence against the highest standard — proof beyond a reasonable doubt. By analyzing the “who, what, when, where, and how,” we identify the natural questions a jury will have, allowing us to build an expert strategy that derails the prosecutor’s narrative.

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Yes, our firm offers comprehensive legal services in Orange County with a unique focus on “crossover” cases where criminal and juvenile law intersect. Johnson Criminal Law Group provides the specialized expertise necessary to navigate investigations that threaten parental rights and family stability.

When you partner with Johnson Criminal Law Group, you receive 24/7 responsiveness and a clear, strategic plan designed to resolve your legal emergency decisively. We balance aggressive defense strategies with genuine human connection, ensuring you are treated with the respect and transparency you deserve during a crisis

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