Written by attorney Paul J Adras

Pretrial Motions

Criminal defense attorneys often find the preparation and filing of pretrial motions to be good tools in the preparation of their cases for trial. One common example of a pretrial motion is the motion to suppress evidence, and there are a number of reasons why a defense attorney would file this type of motion. However, the filing of pretrial motions may not be possible, or even useful, in all cases, although properly filed motion can in some cases force the prosecution to dismiss charges, reduce charges, or offer a better plea negotiation. A motion to suppress evidence can result in the exclusion of evidence that would otherwise be damaging to the defendant's case. A criminal defense attorney will determine whether to file pretrial motions after thoroughly reviewing the evidence in the case, and after reviewing the transcripts from the preliminary hearing. Examples of common pretrial motions include: motion to dismiss charges, or the entire case; motion to suppress evidence (as stated above); motion to sever co-defendants' cases, so that co-defendants' cases will be tried separately.

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