Pitchess motions are used to gather information on police misconduct, which can be used if an officer testifies at trial.
In many California criminal cases, a police officer will be called to testify against the defendant. The officer may testify that he or she witnessed the defendant do something, such as sell drugs or drive erratically. Or perhaps the officer will testify about the facts that he gathered that led him to seek a search warrant. In some cases, the defendant may believe that the officer is not telling the truth — but unless there is a video of what happened, it may be very difficult to prove that the officer is lying.
However, a skilled criminal defense lawyer in Riverside, CA can file what is known as a Pitchess motion to gather evidence to impeach the officer’s testimony or even to have the charges dismissed. Impeaching is a legal term which essentially means to question the credibility of a witness. An attorney can impeach a witness in a number of ways, such as by showing that they have a motive to lie. For example, if a person is a witness in a murder case, a lawyer could question them about how they also would benefit from the victim’s death, which would call into question the truthfulness of their testimony.
For police officers, a criminal defense lawyer in Riverside, CA could obtain information about a law enforcement officer’s misconduct, including the use of excessive force, racial profiling, coercing confessions or dishonesty in police reports. An attorney will file a written motion with the court handling your case, including a description of the type of records or information that you are seeking as well as documents showing “good cause” for the records to be released to you. If the judge decides that the Pitchess motion has shown good cause, then the judge will hold a private hearing to determine which records are relevant to your case.
A Pitchess motion can be extremely helpful to your criminal case, and a seasoned criminal defense lawyer in Riverside, CA will typically file one if he or she believes that you have been the victim of police misconduct. The information revealed by the Pitchess motion could result in a motion to dismiss the charges or to suppress evidence in your case. For example, if a police officer has a history of planting drugs on suspects and you have alleged in your case that the officer has planted drugs on you, that may be sufficient to have the charges dismissed in your case, or to have the evidence of the drugs suppressed.
Even if the charges are not reduced or dismissed or if the evidence is not suppressed, the information could be useful to your attorney in cross examining the police officer if he or she testifies against you. For example, if the police officer in question has a history of only stopping drivers of a certain race, and you happen to be that race, then your criminal defense lawyer in Riverside, CA could question that officer on that subject, which could demonstrate his bias and show that he lacks credibility.
At the Chambers Law Firm, our team of dedicated professionals will fight for your rights, which includes filing Pitchess motions when appropriate. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and to learn more about how we can help you.
