California Motions Practice Attorney
Suppress Evidence. Dismiss Charges. Win Before Trial.
40+ Jury Trials · Former Public Defender · Decades of Court Experience · State & Federal Court Licensed
Introduction
Most cases are won or lost before trial. At the motion stage, a well-argued filing can suppress critical evidence, dismiss defective charges, or collapse the prosecution's case entirely. The Law Office of Sam Salhab handles pretrial and dispositive motions across criminal defense and civil litigation throughout California courts.
A California motions practice attorney plays a critical role in both criminal defense and civil litigation by identifying legal weaknesses early in a case. From filing a motion to suppress evidence to challenging defective complaints, strategic motion practice can resolve cases before trial and significantly improve outcomes.
When Motions Can Change Your Case
A motions attorney makes the difference when:
- Police conducted an illegal traffic stop or vehicle search
- A search warrant lacked probable cause or was executed improperly
- Evidence was obtained without a valid warrant or lawful exception
- Charges lack sufficient legal basis following the preliminary hearing
- An arresting officer has a documented history of misconduct
- The prosecution has withheld exculpatory evidence
- A criminal conviction jeopardized or negatively affected your immigration rights and/or status
- You believe that your race or ethnicity has played a role in your criminal case
If any of these apply to your situation, pretrial or post-trial motions may be the most powerful tool available. A criminal defense attorney experienced in motions practice who does not approach this stage with trial-level rigor risks leaving critical outcomes to chance.
California Motions Practice Attorney — Sam Salhab
California courts impose strict motion deadlines, and the window for filing effective motions is often limited. Sam Salhab began his legal career as a public defender, where high-volume caseloads made precise and strategic motions practice a daily necessity. That experience shapes how every case is evaluated from the outset.
Based in Fresno and serving clients throughout California, the firm evaluates motion strategy immediately upon being retained to identify opportunities for early dismissal or evidentiary exclusion.
Sam Salhab has conducted over 40 jury trials and has been practicing criminal defense throughout California since 2010. Sam has filed hundreds, if not thousands, of motions that were granted by the California Court system.
Criminal Defense Pretrial Motions
Motion to Suppress — Penal Code § 1538.5
Under Penal Code § 1538.5, a defendant may move to exclude evidence obtained through an unlawful search or seizure — conducted without a warrant, under a defective warrant, or in violation of the Fourth Amendment. If granted, that evidence cannot be used at trial. When it forms the foundation of the prosecution’s case, suppression often results in dismissal or significant charge reduction.
Motion to Set Aside — Penal Code § 995
Penal Code § 995 allows a defendant to challenge whether sufficient evidence existed after the preliminary hearing to proceed to trial. A successful motion can result in dismissal before trial without requiring the defense to present its case.
Pitchess Motions and Brady Demands
When officer misconduct is relevant, a Pitchess motion under Evidence Code §§ 1043–1047 allows access to personnel records involving prior complaints such as dishonesty or excessive force.
A Brady motion requires the prosecution to disclose exculpatory evidence under Brady v. Maryland, 373 U.S. 83 (1963). These requests are essential when evidence appears incomplete or withheld.
Post Conviction Motions
The Racial Justice Act — Penal Code § 745
If you believe that your race or ethnicity has played, or is currently playing a role in your case or conviction, the Racial Justice Act may provide the appropriate relief. When properly argued, it can result in a potential dismissal of your matter or other remedies that could greatly affect the outcome of your case.
Vacation of Conviction Due To Immigration Consequences — Penal Code § 1473.7(a)
Under PC § 1437.7(a), a party may seek to vacate their criminal conviction if they believe they failed to meaningfully understand the immigration consequences of their plea.
The Attorney Behind Your Motions
Sam Salhab has conducted over 40 jury trials and has been practicing criminal defense since 2010. Sam has filed and argued hundreds, if not thousands, of pretrial and post conviction motions successfully for his clients.
The State can never overwhelm Sam Salhab. His background in Management Information Systems supports complex motions involving digital evidence, electronic searches, and data-related legal issues—an increasingly important component of modern litigation.
He is licensed in:
- State Bar of California
- United States District Court, Eastern District of California
Recognitions include:
- Super Lawyers Rising Star
- Newsweek Legal Superstar
- National Trial Lawyers Top 40 Under 40
Every client works directly with Attorney Salhab.
Start With the Motion Stage
The strongest legal position is often built before trial. Strategic motion practice can shape the direction of a case, limit the prosecution’s evidence, or resolve the matter entirely.
Contact the Law Office of Sam Salhab for a free confidential consultation.
frequently Asked Questions
1. Q: What is a motion to suppress and when does it apply?
A motion to suppress under Penal Code § 1538.5 asks the court to exclude evidence obtained through an unlawful search or seizure. It applies in any criminal case — felony or misdemeanor — where law enforcement lacked a lawful basis for the stop, search, or arrest. If granted, the excluded evidence cannot be used at trial, which often forces the prosecution to reduce or dismiss charges.
2. Q: Can criminal charges be dismissed before trial through a motion?
Yes. A Penal Code § 995 motion, filed after the preliminary hearing, asks the trial court to dismiss charges that lacked probable cause or resulted from a legally defective hearing. A non-statutory motion to dismiss may also be available where prosecutorial misconduct or due process violations have tainted the proceedings.
3. Q: How is a demurrer different from a motion to dismiss?
California does not use the federal motion to dismiss. The state equivalent is a demurrer under CCP § 430.10, which challenges whether the complaint states a valid legal claim even assuming all facts are true. Unlike a federal dismissal, a demurrer often results in the plaintiff receiving leave to amend — making the quality of the argument especially consequential.
4. Q: What are the current summary judgment deadlines in California?
Under the 2025 amendments to CCP § 437c, a summary judgment motion must be filed at least 81 days before the hearing. Opposition is due 20 days before the hearing, and reply papers are due 11 days before. These deadlines are strictly enforced; missing any of them can result in the filing being rejected.
5. Q: Do you handle motions throughout California?
Yes. The Law Office of Sam Salhab handles motions practice in courts throughout California, including both criminal defense and civil litigation matters.
Free Case Evaluation
At The Law Office of Sam Salhab, our criminal defense attorneys represent criminal and DUI clients throughout the state of California. Our offices were originally founded in 2010, and Sam Salhab has successfully represented thousands of individuals since then. Contact us today if you or your loved one is in need of experienced criminal defense representation.
OUR LOCATIONS
FRESNO PERSONAL INJURY
2445 Capitol St Ste 140, Fresno, CA 93721
Email: info@salhablaw.com
Tel: (559) 412-9888