Understanding Pre-Trial Motions and How They May Impact Your Case
When you are a defendant in a criminal case, your criminal defense attorney should carefully explain what you can expect from the court process. If your attorney cannot get the charges against you dismissed and if you don’t accept a plea agreement or enter into a settlement, your case will proceed to trial. The length of the trial and how it progresses will depend on a lot of different factors, and a good criminal lawyer will make sure you understand each step. Before your trial, both your attorney and the prosecution may file motions with the court. A motion is a formal request to the court for a specific action or a ruling on a legal issue. One of the most common types of motions is a pre-trial motion.
Attorney Janet Altschuler may use pre-trial motions to request a dismissal of your case, request to suppress evidence, ask for access to evidence or witness testimony, or request that your trial date be postponed. Here is your guide to understanding pre-trial motions and how they may impact your criminal case.
What is a Pre-Trial Motion?
A pre-trial motion is a request made to the court before a trial begins. Both your defense attorney and the prosecution can file motions, and they can address a wide range of issues or requests. In some cases, the judge will rule on a motion without the need for further information. However, sometimes the judge will set a hearing on a motion in order to get more information or to see how the opposing counsel feels about the request.
Most Common Pre-Trial Motions in Criminal Cases
There are many different types of pre-trial motions that can be filed in criminal cases. Your criminal attorney will explain why they are filing a motion and what the potential outcome might be for your case if it is granted or denied. Some of the most common pre-trial motions are:
- Motion for Continuance – This is a request that the court delay the trial date. It may be filed for a number of reasons, including the introduction of new evidence or witnesses, a conflict on someone’s calendar, or to give the parties more time to prepare.
- Motion to Dismiss – This is a request that the judge dismiss certain charges or the entire case. It may be filed due to insufficient evidence, the terms of a plea agreement or settlement, problems with the way evidence was collected or how the defendant was interrogated, or violations of constitutional rights.
- Motion to Suppress – This is a challenge of the legality, scope, or purpose of evidence being introduced in the case.
- Motion for Discovery – This is a request for documents or evidence from the opposing counsel, such as witness lists, evidence logs, photographs or videos, and other information.
- Motion for Change in Venue – This is a request that the court change the location of the trial to a different court or county. This may be requested if the defense attorney suspects that the defendant won’t receive a fair trial with the current court, judge, or location or if there is a concern that it isn’t possible to convene a jury that is unbiased.
The Role of Pre-Trial Motions
Pre-trial motions allow attorneys to make specific requests of the court or opposing counsel, gain more information about a case, and clarify legal issues before the trial begins. Your defense attorney may use a motion to limit the prosecution’s ability to present evidence or witnesses, get charges dismissed, or improve your outcome at trial. The prosecution may use a motion to challenge your attorney’s evidence or arguments, address certain evidence or testimony, or try to resolve issues before trial. The primary reasons that pre-trial motions are filed are to:
- Address or clarify legal issues
- Challenge, request, or exclude evidence or witness testimony
- Shape or influence the way the trial proceeds
- Dismiss or alter certain charges
- Reduce the length or complexity of a trial
- Seek an early resolution to some or all of the issues at hand
- Form the basis for an appeal
Call Attorney Janet Altschuler if You Have Been Charged with a Crime
If you have been charged with a crime and have been Googling, “good criminal defense lawyers near me in Tucson, AZ,” Janet Altschuler and her team can help. Call now or contact us online to schedule a free initial consultation to discuss the details of your case. Ms. Altschuler has over 20 years of experience as a criminal defense attorney and has handled highly complex and challenging cases for her clients. She can assess your case and help you understand how it may proceed in court.