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Pre-Trial Motions

Hollywood movies and procedurals have sensationalized all kinds of misleading information about how the criminal process actually works. These depictions often show a flashy trial that drags on for days with dozens of witnesses called to the stand and some dubiously-obtained evidence found at the very last minute to make or break the case. 


In reality, a large portion of criminal cases don’t ever go to trial. For those that do, the trial itself is often the least interesting part of the process. The pre-filing stage and pre-trial motions are where the action really is. Pre-trial motions, specifically, can be essential to a defense case. 


What are Pre-Trial Motions?


A motion is, basically, a request that the defense or prosecution asks of the judge presiding over their case. In some instances, one or both parties may have the opportunity to defend or object to the motion in a special court hearing, or in a private meeting with the judge. In the end, the judge will decide whether or not to approve or deny the request. 

 

Pre-trial motions, then, are just motions made prior to the actual trial. There are numerous motions that may be made by one side or the other, depending on the circumstances of the case. 


Motions to Suppress


A motion to suppress is a request, often on the part of the defense, to “suppress” certain evidence, or exclude it from the trial. In order to successfully move to suppress evidence, there has to be a legitimate reason to do so. For example, a common reason evidence is suppressed is if it was illegally obtained. 


Say that you were arrested by police and subsequently charged with a crime. When the police arrested you, they also searched your home and property for evidence. The United States Constitution protects every American’s right to protection from unreasonable search and seizure. If they did not first obtain a warrant to perform that search, then, the search might not be legal. \


There are a few exceptions to the requirement of a warrant, of course, like if you consented to the search, or exigent circumstances suggest the evidence would be destroyed if the officers didn’t act immediately. Precluding such exceptions, the search could be determined to have been made unconstitutionally. Any evidence obtained during an unconstitutional search is not admissible in court, and an experienced defense attorney should be able to secure a motion to suppress. 


A motion to suppress might also be considered in a situation where other Constitutional rights have been violated. For example, the Constitution guarantees every American the “right to remain silent,” as well as the right to counsel (an attorney). Any evidence obtained by violating either of these rights may be a good candidate for suppression.


Motions to Dismiss


A motion to dismiss is a motion made by either party, though usually the defense, to have the case dismissed altogether. There are certain situations in which such a motion might succeed. “Double jeopardy” is a common one: you are constitutionally protected from being tried for any crime more than once. If the current charges are found to be for a crime you’ve already been tried for, the new case must be dismissed. 


You also have the constitutional right to a “speedy” trial. What qualifies as “speedy” differs from crime to crime, and isn’t necessarily set in stone. If the case drags on past the statute of limitations for the particular crime, there’s a good chance it can be dismissed under this right. 


The most common motion to suppress (in the state of Florida specifically), and arguably the most effective, is the C4 motion. The C4 motion gets its name from Florida Rule of Criminal Procedure 3.190(c)(4), which states that “a defendant can move for dismissal if there are no material disputed facts and the undisputed facts do not establish a prima facie case.” In layman’s terms, if both the prosecution and defense agree on all the facts of the case, but disagree on what the law says about what is and is not specifically a crime, the defense can move for a dismissal. Then, the judge will have to determine whether the facts of the case constitute a crime or not. 


Lakeland Criminal Defense Lawyers 


These are just a few of the kinds of motions the defense might consider before the trial even begins. A skilled criminal defense lawyer will be familiar with the options, and which might be worth pursuing in your specific case. That’s why it’s vital to get experienced legal counsel on your side as soon as possible. 


Will Hanlon and the legal team at Hanlon Law have that experience, as well as the dedication and determination to fight for you. If you or someone you love has been charged with a crime in the Lakeland, Florida area, contact Hanlon Law today to schedule a free consultation.

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