If you are being charged with a crime, you likely have heard about various legal terms that do not necessarily make sense to you. One of the many reasons to work with an experienced criminal defense attorney is the fact that we can explain these terms and handle hearings on your behalf. Today we will discuss Franks motion and hearings in California. If you still have questions after reading this, or would like a free legal consultation, contact Chambers Law Firm at 714-760-4088 today.
The Basic Definition of a Franks Hearing
First, let us discuss what it means at its most basic level. A Franks hearing refers to the legal proceeding during which the defense attempts to “traverse” a search warrant. To “traverse” means that the defense challenges whether or not the information used to issue the warrant was valid. The Franks Motion is the actual legal document that the defense team gives to the judge with their argument on why there should be a hearing on the warrant.
The Franks Hearing is Led After a Search and Seizure
In almost all cases, a Frank Hearing is held after a search and seizure have happened. If your attorney is successful in the hearing, the judge will throw out all evidence that was seized under the warrant. In some cases some of it may be admissible, but generally it will all be thrown out. If the evidence obtained under the warrant that is found to be faulty led to other evidence, the evidence could be thrown out too. It is common for a successful Franks Hearing to lead to a dismissal or reduction in charges.
The Fourth Amendment Backs the Franks Hearing
The Fourth Amendment of the U.S. Constitution makes it clear that a search warrant can only be issued if there is probable cause. The law defines probable cause as a “reasonable” belief that criminal activity has taken place or is taking place. The motion to traverses says that the belief used to justify the warrant was not reasonable, or that the evidence was altogether false.
Note that the defense can challenge other types of warrants other than just search warrants. Your attorney could use the Franks Hearing to question the justification of an arrest warrant or a bench warrant, for example.
If you believe that you have had a warrant falsely issued against you, it is important to contact an attorney and talk to them about the alleged crime. You can request a free legal consultation by simply calling Chambers Law Firm at 714-760-4088.
