Pre-Trial Motions

In criminal law, the pretrial phase is a crucial stage where various legal tactics come into play. This guide aims to demystify pretrial motions, highlighting their importance and how they shape the criminal case. From arraignment to a jury trial, defense attorneys and the prosecution engage in a strategic dance, filing motions that affect the case's outcome.



The pretrial phase kicks off with an arrest. After law enforcement arrests a person, the arrestee undergoes a booking process. It includes recording personal information, taking fingerprints, and capturing a mugshot. Following this, authorities hold the person in custody until the arraignment.

Sometimes, a preliminary hearing or grand jury proceeding comes before a trial. These hearings serve to establish probable cause and may influence later motions.

Arraignment: Unveiling the Charges

The arraignment is a formal court proceeding in which authorities inform the defendant of the charges against them. This is the first time the accused person hears the specific allegations and details of the criminal charges they face. It's the legal curtain-raiser for the impending trial.

The arraignment serves as a crucial juncture for the defense attorney to spring into action. Here's why:

  1. Understanding the charges: The defense attorney gains clarity on the nature and scope of the allegations. This allows them to create a strategy for the defense.
  2. Assessing the prosecution's case: Armed with information from the arraignment, the defense attorney begins to look at the strength of the prosecution's case. They start considering potential defenses, examining the evidence against their client, and identifying any legal issues that may arise.
  3. Initiating Communication with the Defendant: The arraignment also marks the beginning of direct communication between the defense attorney and the defendant. This is essential for the attorney to understand the defendant's version of events. They will gather crucial information and establish a rapport for building a robust defense.

Types of Pretrial Motions

There are many types of motions your attorney can make before the trial begins. We outline the most common pretrial motions below.

Motion to Dismiss

The defense attorney can challenge the admissibility of evidence or assert a lack of probable cause by filing a motion to dismiss. This motion gets filed on grounds such as:

  • Insufficient evidence
  • Lack of probable cause
  • Violation of the defendant's constitutional rights

The court will examine the motion's merits and decide whether to dismiss the charges or proceed to trial.

Motion for Discovery

Both sides request information vital for trial preparation, ensuring a fair case presentation. If the opposing party fails to produce or fully answer discovery, the party seeking the information can file a motion to compel.

A party can file a motion for a protective order to limit who can see specific items and how they can be used. The point of a trial is not to win; it's to get to the truth. Each party needs time to prepare. That includes time to prepare to rebut what the other side has said.

Motion to Suppress Evidence

motion to suppress usually gets filed by the defense. It challenges the legality of evidence obtained by the prosecution. Common arguments for filing such a motion include:

  • Challenging the validity of search warrants
  • Questioning the lawfulness of a stop or arrest
  • Asserting that the police didn't properly administer the defendant's Miranda rights

These motions are generally rooted in alleged constitutional rights violations. For example, if the police did not have "probable cause" to arrest the defendant in the first place, the defense attorney may file a motion to suppress statements made to the police before the arrest.

Motion in Limine

A motion in limine seeks a court order to limit evidence presented at trial. This keeps prejudicial information from the judge or jury deciding the case.

Motion for Continuance

A motion for continuance asks for a delay for good cause, allowing the defense ample time to prepare. This motion gets filed when there is a valid reason for delaying the proceedings, such as:

  • A need for more time to prepare the case
  • Unavailability of a key witness
  • Unforeseen circumstances

Motion for Change of Venue

motion for change of venue requests moving the trial to a different location due to pretrial publicity or to ensure the defendant's right to a fair trial. This motion typically gets filed when there is a concern that the current venue may not provide a fair and impartial jury due to pretrial publicity or other circumstances. The court will assess the reasons presented and determine whether a change of venue is necessary to ensure the defendant's right to a fair trial.

Legal Procedures and Constitutional Rights

The journey through pretrial motions involves intricate legal procedures and the protection of constitutional rights. From the Fourth Amendment's protection against unreasonable searches to the defendant's right to a speedy trial, each motion is crafted to safeguard these principles.

Law enforcement, represented by police officers, plays a pivotal role in the pretrial phase. Their actions, including executing search warrants and Miranda warnings, often become focal points in motions filed by the defense.

Get Legal Help to Better Understand Pretrial Motions

Which pretrial motions will be most effective depends on the facts of your case and the applicable law. The best way to determine which pretrial motions to file is to consult with a local criminal defense attorney. An attorney can answer any questions you may have and file the motions on your behalf.

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