What is a Pre-Trial Motion?Once a defendant has been charged with a crime and the judge has determined that the case will go to trial, the prosecution and the defense will bring pre-trial motions before the court. A motion is a document filed with the court by one of the parties asking the court to do something, such as exclude particular pieces of evidence. Pre-trial motions are brought to shape the pending trial, and sometimes ask the court to dismiss the case altogether. What are Some Examples of Pre-Trial Motions?There are numerous forms of pre-trial motions, many of which are very complicated. Some common forms of pre-trial motions include the parties asking the court to: - Exclude Physical Evidence
- Prevent Witnesses from Testifying
- Exclude the Defendant's Statements or Confession
- Dismiss the Case
- Change the Venue (location of the trial)
- Require the Opposing Party to Release Evidence
Do I Need a Lawyer to Make or Respond to a Pre-Trial Motion?
Pre-trial motions can be very complex and are best handled by an attorney. An experienced criminal defense lawyer can help you prepare or respond to a pre-trial motion. A criminal defense attorney can also represent you in court. |
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