{"id":352297,"date":"2023-11-30T13:45:27","date_gmt":"2023-11-30T18:45:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/pre-trial-motions.html"},"modified":"2023-11-30T13:45:27","modified_gmt":"2023-11-30T18:45:27","slug":"pre-trial-motions","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/pre-trial-motions.html","title":{"rendered":"Pre-Trial Motions"},"content":{"rendered":"\n
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Pre-Trial Motions<\/h1>\n
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\n By Jade Chounlamountry, Esq.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

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.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\r\n

Pretrial<\/h2>\r\n

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.<\/p>\r\n

Sometimes, a preliminary hearing<\/a> or grand jury<\/a> proceeding comes before a trial. These hearings serve to establish probable cause and may influence later motions.<\/p>\r\n

Arraignment: Unveiling the Charges<\/h2>\r\n

The arraignment<\/a> 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.<\/p>\r\n

The arraignment serves as a crucial juncture for the defense attorney to spring into action. Here’s why:<\/p>\r\n

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  1. Understanding the charges:<\/b> The defense attorney gains clarity on the nature and scope of the allegations. This allows them to create a strategy for the defense.<\/li>\r\n
  2. Assessing the prosecution’s case: <\/b>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.<\/li>\r\n
  3. Initiating Communication with the Defendant:<\/b> 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.<\/li>\r\n<\/ol>\r\n

    Types of Pretrial Motions<\/h2>\r\n

    There are many types of motions your attorney can make before the trial begins. We outline the most common pretrial motions below.<\/p>\r\n

    Motion to Dismiss<\/h3>\r\n

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