One, you should ask your attorney as they can explain their decision to you. Second, these are motions that must be decided by the judge and not a jury, so they have acted correctly.
My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Call me at (313)402-0853 to discuss your matter further.
The attorney did the right thing. The judge could throw out the dtatamaster. As a result, your case might get dismissed or the charge might get reduced. The best way to win a jury trial is to win boefore getting to the jury.
I agree with the other attorneys that have answered this question. To add on, the motion that your attorney filed was both proper and timely because it raises a legal issue. Judges determine legal issues. Juries determine fact issues.
Unlike law as seen on TV, most trials are not conducted by surprise, because issues like these are supposed to be and usually are taken care of well in advance of trial. Further, I especially agree with my colleague on the point that the best way to win a jury trial is to win it before handing it over to the jury.
Best of luck with your motion. It appears you are in good and competent hands from an advocacy perspective.
An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney.
This is a proper motion for pretrial consideration. This is known as a potentially dispositive motion which means that the case can be dismissed based upon failure to follow datamaster protocol or may be used to suppress the test results. Suppression of the test results may weaken the case to the extent that the prosecutor may back off or make a deal.
Of course, there are times when you would want to ambush a witness at trial but this is not one of them.
I'm sure the attorney was doing what he thought was in your best interest. You may want to consider hiring your own attorney
Steven A Heisler
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