Residential Burglary dropped to Petty Theft with credit for time served-Motion to Suppress
Client charged with the residential burglary (a strike offense) of his sister’s house. He was detained and searched outside of the residence and her property was located on his person. We filed a Motion to Suppress the evidence based on an unlawful search and in addition we challenged the lawfulness of his statement to the police. The judge agreed to suppress the evidence and statement based on the motion. The District Attorney believed that they could proceed with other witnesses to establish the offense, however, they conceded that the case had been significantly weakened and offered the reduced charge. The client decided against a costly trial and chose to accept the no jail offer. Client had faced up to 6 years in state prison.