In almost every case I handle, I file a Motion to Quash the Arrest. This motion asks the Judge to throw the case out because the arresting police officer did not have enough evidence to place my client under arrest. I do not file this motion with the intention of having the case dismissed. I file the motion for the sole purpose of obtaining the arresting police officer and other police officer’s sworn testimony.
At the motion I get to ask the witnesses, (the police officers) detailed questions about what happened on the night of my client’s arrest- – a minute by minute replay. Everything I ask and all of the police officer’s questions are typed up by the court reporter. The typed up questions and answers is called the “transcript.”
I use the transcript to get fully prepared for trial. I know exactly what the officer is going to say- – he has to say the same thing because he already testified to it and it is written in the transcript. If he tries to change his story, I can impeach him, which means I can show the Judge that the police officer is now trying to change his story. If he tries this, he will likely be deemed not credible by the Judge and my client will win.
Obtaining the police officer’s sworn testimony before trial is a very important step in getting ready for trial and winning a client’s case.