Pre-Trial and Motions Practice

KMB has also achieved good results for their clients through it’s pre-trial motions practice. KMB will aggressively litigate applicable motions in your case - including motions to dismiss, wiretap motions and motions to suppress evidence illegal obtained - as a means to resolve the case without the time, expense and publicity of going to trial.

Cases

KMB attorney filed motion to dismiss indictment against client charged with illegal reentry case on grounds client was a United States citizen. Through witnesses, expert testimony and documents, KMB attorney proved client obtained derivative citizenship even though not born in United States.

Client was facing a mandatory minimum 15 years in prison for possession of a firearm. Suppression motion granted despite police officer's claim of suspicious activity. The court found no reasonable suspicion and the case dismissed.

Client charged with felony possession of stolen mail. KMB attorney filed motion to suppress, government agreed to dismiss indictment, and charge it as a misdemeanor—obstruction of mail—with probation.

Client charged with assault of a postal worker. KMB attorney motions to preclude identification based on illegal photo spread was granted and case was dismissed.

Client charged with possession of counterfeit currency found during car search. KMB attorney motion to suppress based on illegal automobile search was granted and case dismissed.

Client charged with drug conspiracy. KMB attorney moved for identification of confidential informant in order to defend case. Court granted motion. Rather than disclose identity, government dismissed the indictment.

Client prosecuted for selling methamphetamine was facing a mandatory 20 years. KMB investigated the case, discovered outrageous government conduct, and obtained dismissal.

Client charged with possession of child pornography after suspicionless search of his laptop computer at LAX airport. At suppression hearing, KMB lawyers impeached the searching agent’s version of events resulting in the Court suppressing the evidence. The case was then litigated on constitutional grounds up to the U.S. Supreme Court in an effort to establish new law on border searches. The case led to Congressional hearings in July 2008 on proposed regulations restricting the government’s ability to conduct suspicionless searches of personal electronic devices at the border.

Client charged with illegal possession of bald and golden eagle parts. KMB attorneys filed motion to dismiss charges based on violation of Constitutional Right to Religious Freedom. Expert testimony presented to challenge government action and show burden on defendant’s exercise of his religion. Sophisticated and extensive briefing in district court and Ninth Circuit. Legal challenge was meritorious and client although convicted received three months probation.

Client was prosecuted for possession of an assault weapon. Four LAPD officers come into client’s mother’s house without warrant, but said mother consented to search. Each officer was impeached by a KMB attorney, and court found no consent to search, obtaining dismissal.

Client was charged with passing and creating counterfeit currency. Police search the house based on "parole search" grounds because the client was on parole. KMB attorney filed motion to suppress evidence proving police went beyond the scope of a reasonable parole search; motion granted and the case dismissed.

Client was charged with robbing four Vietnamese restaurants at gun point. Extensive litigation by a KMB attorney resulted in dismissal due to lack of federal jurisdiction.