3 Pre-Trial Motions That Can Help Your Criminal Case

A pre-trial motion is a written argument made to the court before a trial. NYC Federal criminal defense lawyers make these motions to try to give you an edge in the case before your case ends up in front of a jury.

These motions also help the trial proceed more efficiently by hashing out several issues before the trial. The Federal Rules of Criminal Procedure state that a party may raise by pretrial motion any defense, objection, or request that the court can determine without trial on the merits of the presented argument.

There are three common pre-trial motions.

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Motions To Dismiss

A Motion to Dismiss attempts to convince a judge that there is insufficient evidence to prove a crime occurred.

If the judge agrees, the case is over. You won’t have a criminal record (though you may have an arrest record), and you won’t serve any jail time.

Federal motions to dismiss aren’t often successful. The federal government has a lot of resources to throw into any given investigation, and they can often gather evidence for years before they bring charges. Nevertheless, your attorney may make the attempt.

Motions To Suppress

A Motion to Suppress is a motion that points out a problem with the evidence. Most often, we’ve found that law enforcement obtained the evidence by violating your Fourth Amendment rights.

Every piece of evidence that we can suppress strengthens your case by weakening the prosecution’s case.

These motions are somewhat more successful, but not always. Again, federal law enforcement has the resources and time they need to take their time and obtain evidence correctly. Nevertheless, if we find any flaw, we’re going to try to take advantage of it.

Motion For A Change Of Venue

You might be surprised to learn that change of venue requests happen in federal cases, but they do. Sometimes pre-trial publicity is more pronounced in certain states or cities.

Changing the venue helps to ensure an impartial jury and a fair trial.

Get Help Today

We can file many other pre-trial motions on your behalf, and many of them can help your case. Of course, as you can imagine, determining whether it is proper and strategic to file a motion can be a complicated matter.

If you’re facing federal charges, turn to a federal criminal defense expert. The team at Koch Law is ready to help you. Schedule a consultation today.

See also:

What Should You Do if You Receive a Federal Grand Jury Subpoena

How Does Double Jeopardy Work in a New York Criminal Case?

4 Signs the Feds Are Investigating You 

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About The Author

Jeffery Greco

Jeffery Greco is an attorney providing legal services covering Criminal Defense and Criminal Defense: White Collar and Criminal Defense: DUI / DWI. Jeffery Greco, who practices law in New York, New York, was selected to Super Lawyers for 2020 - 2023. This peer designation is awarded only to a select number of accomplished attorneys in each state. The Super Lawyers selection process takes into account peer recognition, professional achievement in legal practice, and other cogent factors. Prior to becoming an attorney, he studied at South Texas College of Law Houston. He graduated in 2004. After passing the bar exam, he was admitted to legal practice in 2005.

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