
Don’t Walk Into Your Motion Hearings Blind
If you’ve been charged with a crime, navigating the legal process can be intimidating. More often than not, you need an experienced criminal defense attorney on your side to represent you in court. One of the ways that a lawyer will help you in this difficult situation is by filing pretrial motions.
The right pretrial motions can help you achieve the best possible outcome in your criminal case and avoid or minimize repercussions. But what is a pretrial motion – and why is it such an important part of building a legal defense? Let’s discuss.
What is a Pretrial Motion?
When you don’t have a criminal defense lawyer to help you, you might not hear about pretrial motions until it’s too late. A pretrial motion is a written request made to the judge in an upcoming case, asking that they take a specific action.
For example, let’s say that you were accused of submitting false expense reports. An attorney may believe there was insufficient evidence to charge the person with the crime. In this case, the attorney may recommend a pretrial motion. Both defense attorneys and prosecutors can file pretrial motions.
There are many different types of pretrial motions, and they can significantly affect the trial’s schedule, testimony, and evidence. Pretrial motions can only be approved or denied by a judge, even in a jury trial.
Common Pretrial Motions
There are many common pretrial motions that a Pennsylvania criminal defense lawyer might make. It can be helpful for defendants to understand what these motion hearings are and how they work as the case moves through the court systems and trial proceedings.
#1 – Motion to Dismiss
This is a motion to dismiss requests that the judge remove some or all of the charges against the defendant. There are a variety of reasons why our criminal defense lawyer might suggest filing such a motion. We may do this if there is insufficient evidence or improbable cause.
This can also happen if the defendant’s constitutional rights are violated during the pretrial period. For example, delays might infringe on the defendant’s right to a speedy trial, which could prompt the defendant’s attorney to file a motion to dismiss.
#2 – Motion to Suppress Evidence
Another common pretrial motion is a motion to suppress evidence. This requests that a specific piece of evidence not be used in the trial. Filing this motion early can help prevent a mistrial.
Our PA criminal defense lawyer might suggest filing this motion if they believe the prosecution’s evidence was obtained illegally or is unlawful in some other way.
For example, this might happen if police officers didn’t give Miranda warnings during the defendant’s initial arrest. A motion to suppress evidence might also be appropriate if there was evidence obtained without a valid search warrant.
#3 – Motion for Change of Venue
A motion for a change of venue requests to move the trial to another location. This is typically done in cases that have received a significant amount of publicity.
If an upcoming case has been discussed extensively in the local news, it may be difficult to find objective jurors. Moving to another location may make it easier to find an impartial jury and can help ensure a fair trial.
#4 – Motion for Discovery
Before trial, both the criminal prosecution and the defense attorneys must complete ‘discovery’ and submit the evidence they plan on using.
If your criminal defense lawyer believes the prosecution has not provided a piece of important evidence, they can file a motion for discovery. This ensures that no evidence is overlooked in the preparation of the trial.
#5 – Motion to Modify Bail
Both your criminal defense attorney and the prosecutor can file a motion to modify bail. This is typically done right after the defendant is charged and the bail amount is set. It can be used to have the bail lowered or raised.
Defense attorneys typically use this motion to request a lower bail amount. Prosecutors may use this motion to request a higher bail amount or even revoke bail in severe cases.
#6 – Motion for Continuance
A motion for continuance is when the defense requests a delay to the trial for valid circumstances. This could happen if a key witness is unavailable on a specific date or if the counsel has not had adequate time to prepare due to illness.
Advantages of Using Pretrial Motions
Your PA criminal defense lawyer will use pretrial motions as part of your overall case strategy. The goal is to get a fair trial and uncover the truth about what happened, and pretrial motions play an important role in this.
For example, the right pretrial motions can ensure that all valid evidence is presented in court when the motion is granted. At the same time, they prevent illegally obtained evidence from being used at the motion hearing and other trial proceedings. In some cases, a pretrial motion could even get the case dismissed completely.
Let Pike Law Handle Your Motion Hearings
If you’ve been accused of a crime, you need a Pennsylvania criminal defense lawyer you can trust. Pike Law is here to help. Our team will help you build a strategic case, navigate the complexities of the legal system, and get a motion granted if need be. Get in touch today to learn more or schedule a consultation.