Fighting The State Ep. 8: Pre-trial Motions
August 20, 2024
When someone is charged with a crime, many people imagine that the main action takes place in the courtroom during the trial. TV shows and movies often highlight dramatic moments with surprise witnesses or new evidence that changes everything. However, in real life, the most important parts of a case usually happen before the trial begins through pre-trial motions. These legal actions can determine the direction of a case, decide what evidence will be allowed and what will be excluded, and even influence how the prosecution might offer a plea deal. This article will guide you through the world of pre-trial motions, explain why they matter, how they work, and the key role they play in deciding the outcome of a case.
Key Points:
- What Are Pre-Trial Motions?
- Understanding the Different Types of Pre-trial Motions
- The Most Common Types of Motions
- How Do Pre-trial Motions Shape a Case
- Key Strategies for Filing Effective Motions
- The Hidden Battlefield
What Are Pre-Trial Motions?
A motion is essentially a formal request asking the court to decide on a specific issue. In criminal cases, attorneys file pre-trial motions to address various matters before the trial begins. These might include things like suppressing evidence, changing court dates, or even adjusting the conditions of a defendant’s release.
“You can make or break the case with the motions you file or do not file.”
Understanding the Different Types of Pre-trial Motions
There are two main types of pre-trial motions: substantive and non-substantive.
-
Substantive motions focus on the key aspects of the case, such as evidence and legal arguments that could impact the outcome. For example, if a lawyer files a motion to suppress evidence, they might argue that the police violated the defendant’s rights during a search. If the judge agrees that the evidence could be thrown out, it may significantly weaken the prosecution’s case.
-
Non-substantive motions are more about the process. These do not change the facts of the case but deal with things like scheduling or court logistics. A typical non-substantive motion could be a motion to continue, where one side requests to postpone the trial date to gather more evidence or interview witnesses.
The Most Common Types of Motions
-
Motion in Limine: This is when an attorney asks the court to decide what evidence the jury can or cannot see during the trial. For example, the defense might want to keep out evidence that could unfairly influence the jury’s decision.
-
Motion to Continue: An attorney may request more time before the trial starts by filing a motion to continue. This usually happens when they need extra time to gather evidence, interview witnesses, or prepare for the case.
-
Motion to Suppress: A motion to suppress asks the court to keep specific evidence from being used in the trial. This often happens when the evidence was obtained illegally, such as when the police search someone’s house without a warrant. If the judge agrees, that evidence cannot be used in court.
-
Motion to Compel: If one side is not sharing important information that the other side needs, an attorney can file a motion to compel. This forces the other side to provide the evidence or documents they are required to share.
-
Motion to Dismiss: This motion asks the court to throw out the case entirely. It might be used if there is a significant issue, such as a lack of evidence to support the case. However, these motions are rare and tough to win.
-
Motion for Change of Venue: If a case has been widely covered in the news and a lot of people in the area already know about it, the defendant might have a hard time getting a fair trial. A motion for a change of venue requests that the trial be moved to a different location where people have not been exposed to as much information about the case.
-
Motion to Disqualify Counsel: If an attorney, judge, or prosecutor has a personal connection to the case that might make them biased, a motion to disqualify counsel asks the court to remove them. This helps ensure the trial stays fair.
Certain motions in legal cases are used to change the conditions of a defendant’s release or adjust the trial process. For example, if someone is out on bail, they might file a motion to modify release conditions. This could ask the court to make the restrictions less strict, such as relaxing curfews or removing an ankle monitor. There is also a motion for permission to travel, which allows a person on bail to leave the state for personal reasons, such as attending a funeral or a family event.
Some motions are more complicated, like a motion to remand. This requests that a case be sent back to an earlier stage because there may have been mistakes in the original process. Another example is a motion for deposition, which allows a court to record a witness’s testimony in case that person is unavailable during the trial.
On a lighter note, some motions deal with non-legal matters in interesting ways. For example, there was once a motion for a haircut so a defendant in jail could look presentable for their trial. This might seem like a small thing, but how a client looks in court can affect how the jury or judge sees them. Filing creative motions, such as ensuring a client looks presentable, shows that we pay attention to every detail and are dedicated to defending our clients. Sometimes, the most critical motions are not about evidence or legal rules. Another fun example is a motion for cake, filed to celebrate the Marine Corps’ birthday by bringing a cake to court. Both of these motions were granted, showing that the legal system can sometimes have a human and humorous side.
How Do Pre-trial Motions Shape a Case
The main goal of pre-trial motions is to narrow down the issues that will be covered in the trial and ensure that both sides have a fair chance. For example, one of the most powerful motions is a motion to suppress. This is when a defense attorney asks the judge to throw out evidence that was obtained illegally. If the judge agrees, it can severely weaken the prosecution’s case, which might lead them to offer a better plea deal or even drop the charges altogether.
“Pre-trial motions are really designed to parse out what information is going to be coming into the trial, what information is going to be excluded.”
A strong pre-trial motion can completely change the direction of a case. If the prosecution realizes that an important piece of evidence might not be allowed in court, they may have to rethink their entire strategy or offer a deal.
Key Strategies for Filing Effective Motions
Filing motions is not just something attorneys do because it is required. It is a smart way to give their side an edge. Good attorneys understand that every motion, whether it is about evidence or scheduling, can put pressure on the other side or even persuade the judge to agree with them. Building trust with the judge is key. If you lose credibility with the judge, they may say, I cannot believe this lawyer when they appear in court. That is why attorneys put a lot of effort into researching and writing motions to make their arguments as strong as possible. Sometimes, instead of filing a motion right away, they will share it with the prosecutor first. This way, they hope to negotiate and resolve things before making it official in court.
“A good criminal defense attorney will not miss any of these opportunities to get any kind of an advantage on getting our client out of the situation.”
Oral arguments are another opportunity for attorneys to get ahead. When a judge allows oral arguments, it is usually a sign that they are taking the issue seriously. The Attorneys For Freedom Law Firm knows this is an exciting moment. Oral arguments give us the chance to speak directly to the judge and answer any questions they might have. But we have to think on our feet, and if the judge wants to discuss a different issue, we need to adjust right away. Since courts and prosecutors often have heavy workloads, filing multiple motions can also push them to settle the case more quickly. The key is to use time and pressure wisely to help our clients get the best possible result.
“The system is completely overloaded and drowning at all times. All of these criminal justice systems in every state are buried with work.”
The Hidden Battlefield
Pre-trial motions might not be as dramatic as a courtroom trial, but they are often where the most crucial battles are fought. These motions set the stage for the trial before it even starts. They decide what evidence we can present, how the trial will proceed, and which legal arguments will matter the most.
“At the end of the day, we are filing the motion to get this case resolved. Our goal is to get our client out of the woods and out of this situation.”
If you are facing criminal charges, understanding the importance of pre-trial motions is essential. For attorneys, using these motions correctly can be the deciding factor between winning and losing a case. Building a strong defense relies on managing these early stages of the legal process with skill. While most people focus on the drama in the courtroom, the real work often happens quietly behind the scenes through carefully prepared pre-trial motions.
After a self-defense incident, having the right legal help is crucial. Attorneys On Retainer is here to protect you, using every legal option, especially pre-trial motions, to challenge evidence and defend your rights. With AOR, you get quick access to experienced legal experts when you need them most. Call 866-404-5112 to join today.
