One of the most powerful actions that you can take advantage of when you have a pre-trial is to make motions or requests to the judge overseeing the case. This helps set the stage for a successful outcome as it could help avoid trials since it propels the judge to make critical decisions about the case. Here, we look at five key pre-trial motions that can help you win your case.
1. Motion to suppress
A motion to suppress is aimed at restricting the use of certain evidence or statements that were not acquired in the right manner. This is a powerful pre-trial motion that can lead to major evidence and statements to be declared inadmissible. Some of the common instances when you can raise a motion to suppress include when;
- The defendant was coerced to make their statement
- Evidence was obtained through an illegal search
- Testimony was given without a Miranda warning
2. Motion to dismiss
A motion to dismiss is raised when you want the judge to dismiss a case because it lacks enough evidence or alleged facts at hand. Failure to have enough evidence against a defendant does not constitute a crime and is grounds for dismissal.
3. Motion to discover
If you want to prevent a trial ambush, then you could file for a motion to discover. This will enable you to seek and exchange information with the opposing party. The primary focus of this motion is to know the particulars about the witnesses and evidence to be presented during trials.
Discovery motions are particularly critical when you feel the prosecution has not disclosed all reports that they should. If discovery violations are established, the judge can put the prosecutor on notice and establish fairer terms for the case.
4. Motion for change of venue
The last thing you ever need is going to a trial and facing biases from prospective jurors. A smart way to prevent these problems is to avoid pre-trial publicity by filing a motion for a change of venue. This way, you get to avoid the case being discussed publicly and have a better chance of being before an impartial jury.
It is important for defendants to be protected against facing the court of public opinion, which is common for cases that are widely reported by the media. Having such cases relocated offers a fair fighting chance as the trial’s outcome will not be based on these public convictions.
5. Motion for summary judgment
It is possible to request the court for a judgment at the pre-trials if there are no disputes about the facts in the case. The only requirement is that both parties must agree to these undisputed facts, which allows for a judge to apply the law. A motion for summary judgment is typically filed to resolve the case without having to go to trials.
Endnote
Cases are not just won on trials as pre-trials provide opportunities for beneficial outcomes. Depending on the factors at hand, you can use these key pre-trial motions to get the much-needed advantage for your case.