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What is pretrial motion?? And why don't the da dismiss the case before pretrial motion why wait to pretrial motion to dismiss???

Beaumont, TX |
Filed under: Criminal defense

I don't know what pretrial motion is but I was wondering can I my attorney show them and tell them how weak the case is for them to realize to dismiss the case can this happen in pretrial motion??? Second question they are accusing me of burglary of a building don't they have to prove I was inside the building??? I'm innocent and I'm not going down for this???

Attorney Answers 5


This is a criminal law question, so I am changing the practice area.

This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.

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No, they don't have to show that you entered the building. All they have to show is that someone entered the building and stole the property and that you were somehow part of the burglary. If you were the lookout, or the get away driver, or helped to dispose of the property etc. Complicity (also known as accomplice liability) puts one who aids in the same place as the principle actor. Good Luck

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Whether there is enough evidence for the prosecution to secure a conviction is something that is settled in trial. Sufficiency of the evidence in a criminal case cannot be raised prior to trial.

A defense lawyer certainly can speak with a prosecutor before a trial to try to convince the prosecutor that there is not enough evidence for the case to result in conviction. However, the prosecutor may well disagree with the defense lawyer. And, in some situations, the defense lawyer may choose to not reveal what the defense knows about the weakness of the case before the trial because that would give the prosecutor a chance to fill the holes in the case.

It is possible to be guilty of burglary of a building without entering the building. For example, a look-out working with a person who entered the building would be just as guilty as a person who went in and stole stuff.

As far as your specific questions, these are things you need to discuss with your attorney.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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You need to discuss this with your attorney. Ask him or her to help you understand the trial strategy and answer your questions, fully and completely. Ask him/her to schedule an appointment with you to discuss all of your questions, and when the appointment happens, be ready with a list of questions for your attorney. Also, you could write to your attorney or send your attorney an email with those questions.

Your question does not provide enough information for anyone to provide a thorough answer. Each case is different, and attorney's strategies depend heavily on the facts.

Katherine Shipman's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Pre-trial motions are motions that raise issues regarding the legality of the facts of the case. A motion to suppress is a motion stating the officer didn't have legal grounds to arrest or to seize evidence. A judge can suppress evidence thereby forcing the State to dismiss your case. etc.. It's a complicated issue that should be discussed with your defense attorney as to how your motions affect your particular case.

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