In felony cases, pretrial motions play a significant role in shaping the course of the trial and determining the admissibility of evidence. These motions allow the defense to challenge the prosecution’s case and seek to suppress evidence that law enforcement may have obtained illegally or in violation of the defendant’s rights.
There are a few common pretrial motions that may occur in a felony criminal case.
Motion to suppress evidence
A motion to suppress evidence occurs when the defense believes that the prosecution obtained evidence through an illegal search or seizure or in violation of the defendant’s constitutional rights. The defense may argue that the court should suppress the evidence and not allow the prosecution to use it against the defendant in court.
Motion to dismiss
A motion to dismiss the charges often happens when the defense believes that the prosecution’s case is not strong enough to proceed to trial. It may also occur if the defense feels the evidence is not sufficient to support the charges. The defense argues the court should dismiss the case and the prosecutor should drop the charges.
Other motions
Pretrial motions can also challenge the prosecution’s case on other grounds, such as improper venue or violation of the statute of limitations. These motions help to ensure that the defendant receives a fair trial. They also help keep the prosecution’s case in check under the law.
Pretrial motions are not always successful. The outcome of these motions can vary depending on the specific circumstances of the case. However, pretrial motions can be an important tool for the defense in felony cases, as they can help to challenge the prosecution’s case and protect the defendant’s rights. To get help with your case, contact us today.