Legal Question in Criminal Law in Arizona

Search Warrant Lacked Probable Cause- Charges ''scratched''- How Do I File Motio

My residence was raided for ''manufacturing dang. drugs''. Despite the fact that NO Chemicals, equipment, or even a usable amount of drugs were even found, my boyfriend and I were charged with 5 felonies, manufacturing, possession of chems. and equip. to manufacture, etc. After obtaining a copy of the affidavit, I feel that there is insufficient probable cause...no corroboration on an informant's claims. At the preliminary hearing, we were told that our charges were ''scratched'', with the option of being brought back up w/in the next 7 years. How do I dispute the validity of the warrant, or even the fact that the charges themselves were unfounded (since were WEREN'T in possession of any of these illegal items). I was told to file a demand for discovery, then move for dismissal, but I don't know the first thing about drafting a legal document, and can't find any templates or forms.

Asked on 7/17/03, 9:17 am

2 Answers from Attorneys

Keith Knochel Law Offices of Keith Knochel
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Re: Search Warrant Lacked Probable Cause- Charges ''scratched''- How Do I File M

You need to file a motion to suppress arguing the search warant was invalid. This really requires an attorney. Call 1-800-677-1010.

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7/17/03, 9:36 am
Jason Lamm Lamm & Associates
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Re: Search Warrant Lacked Probable Cause- Charges ''scratched''- How Do I File M

A motion to suppress is not appropriate as the charges have been scratched. A motion to controvert must be filed. There is no form as this process is somewhat sophisiticated. I have very experienced in this area as I have handled many major drug cases. Please contact me if you are looking for representation in this regard. (602) 222 9237

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7/17/03, 9:52 am

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