Can a lawyer bring a motion that would have resulted in the dismissal of criminal charges?

Absent any promises by the prosecutor related to uncharged offenses (not an issue on this record), failing to bring a meritorious motion that would have resulted in the dismissal of charges would constitute deficient performance when measured against the standard of a reasonably competent attorney. (People v. Hart (1999) 74 Cal.App.4th 479, 486-487.) Here the factual basis for the charged offenses depended entirely on the evidence seized pursuant to the search warrant. If the seized items were subject to exclusion, the prosecution could not have proven its case. We therefore must examine the sufficiency of the search warrant affidavit and the applicability of the exclusionary rule to determine whether trial counsel was constitutionally ineffective.

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