What is a pre-trial motion?

On Behalf of | May 12, 2021 | Federal Crimes

Before your trial starts in New York, your attorney might file pre-trial motions that could have a huge impact on the rest of the case. However, the prosecution can also file pre-trial motions that could hinder your ability to win the case. For this reason, it’s important for your attorney to stay on top of the proceedings and build the best possible defense.

What are some examples of pre-trial motions?

After the first hearing, your criminal defense attorney might argue that the prosecution shouldn’t use certain pieces of evidence. For example, if the police found evidence during an illegal search, your attorney may argue that the judge should throw out the evidence.

Similarly, if you already confessed to the crime, your attorney might argue that the police obtained your confession through force or other illegal means. As a result, they may claim that the prosecution shouldn’t use your confession against you. Your attorney may also claim that the prosecution shouldn’t bring a certain witness to court because they can’t answer questions objectively.

In some cases, your attorney might argue that the judge should dismiss the case altogether. They may make this claim if they believe that the entire case is based on illegally discovered evidence or that the prosecution doesn’t have enough evidence to begin with. This could end the trial before it begins.

However, the prosecution could also file pre-trial motions that have the potential to derail your case. They might argue that your attorney shouldn’t be allowed to use a certain witness or make a particular defense. If the judge agrees, your attorney may have to figure out a different strategy.

How can you stay on top of your case?

Hiring an attorney is always the best place to start when you’re facing criminal charges. Your attorney might be able to get evidence or the entire case dismissed on a technicality. Even if they’re not successful, they may still help you through the trial and ensure that you know what’s going on at all times so that you understand your legal options.

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