An effective pre-trial motion can help set your case up for success or even lead to all the charges against you being dismissed, but you need to act wisely and deliberately when filing these motions. Not only can a lawyer help to ensure these motions are filed correctly, but they can also take care of all the paperwork on their own and increase your likelihood of a successful motion. But what types of pre-trial motions may a lawyer file on your behalf? In today’s blog, we explore common pre-trial motions in Minnesota.
Types Of Pre-Trial Motions
There are some strict timelines that you need to adhere to if you’re planning on filing a pre-trial motion, which again speaks to the helpfulness of a criminal lawyer. For example, pre-trial motions related to the discovery of evidence or a case dismissal must be filed at least three days prior to the Omnibus Hearing. The court will then give the prosecution time to respond to a motion before rendering a decision on the matter.
So what types of pre-trial motions may your lawyer file ahead of your case? Here’s a look at some of the most common types of pre-trial motions:
Motion To Dismiss – With this motion, your lawyer is attempting to have all criminal charges dismissed prior to trial. Instead of wasting time, money and court resources, your lawyer may attempt to showcase through a pre-trial motion why the case should not proceed. You’ll need a lot of evidence and a strong motion if you’re hoping to have the charges dropped before the trial even begins.
Motion To Suppress – A good lawyer will also look to limit the evidence that can be used against you with the help of a motion to suppress. If there were questions or concerns about any of the evidence that the prosecution plans to present at trial, your lawyer may push to have that evidence excluded through a motion to suppress.
Motion To Postpone – Either side can file a motion to postpone the pre-trial or trial hearing. If either side can present an argument as to why they need more time to build their case, the judge may honor the request to postpone.
Motion In Limine – A motion in limine is a lot like a motion to suppress. Both motions try to have certain evidence be ruled inadmissible in court. A motion to suppress argues that evidence is inadmissible because of an issue with how it was obtained, while a motion in limine seeks to limit the inclusion of evidence that could be prejudicial or irrelevant.
Motion For Discovery – Your lawyer may file a discovery motion if they wish to obtain evidence or information from the other party. This motion ensures that you have access to the information that the prosecution plans to use to make their case. Both sides need to be aware of what evidence or witnesses may be presented so that they can prepare to defend against likely arguments made by the other side, so discovery motions are quite common in criminal cases.
We’ve helped file all of these motions for our clients, and we know how to build a strong argument so that the judge needs to take the motion seriously. Let us handle the complexities of pre-trial motions and put you in a great position to earn a favorable outcome for your case. For more information about pre-trial motions, or for assistance with a different criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
