1–781–438–6600
PRE-TRIAL MOTIONS
Assuming that the trial has been set and an indictment issued, both sides are allowed to appear before a judge and make motions in an attempt to set parameters for the trial.
These motions will mostly relate to evidence or witnesses, requesting permission or prohibition of certain evidence from being considered, seen, or heard by the jury. This step is crucial to the development of your case’s readiness for trial, and can significantly alter how your trial will play out.
There are countless possibilities for what a pre-trial motion could entail, the following are some examples:
- A request to exclude evidence, e.g., drugs, a weapon, due to an unlawful search and seizure, a violation of the Fourth Amendment of the Constitution.
- An argument to exclude a witness based on their mental state.
- The defense sets forth an argument for the exclusion of the defendant’s confession based upon improper police conduct, e.g., not properly informing the defendant of his or her Miranda rights, specifically the right to remain silent.
Pre-trial motions can truly shape the progression and makeup of a trial; trials can be won and lost in this stage. With proper representation you will give yourself a huge advantage during the pre-trial motions period, and significantly increase the possibility of winning your trial.
You need a defense lawyer with a vast knowledge of the law and the rights of citizens to avoid the admission of questionable evidence that could damage your ability to win your case.
266 Main Street, Stoneham, MA 02180
Phone: (781) 438-6600 - Fax: (781) 942-7034 - richard.woods@comcast.net