A motion refers to the application requested by a prosecutor or defense attorney in front of the court. The application insists the court decide on something before the initiation of the trial. The motion significantly affects the trial, courtroom, defendants, evidence, or witness testimony. Contact New Westminster criminal lawyer for more legal information.

Pre-trial motions are requested for securing or excluding evidence, changing venues, or ending the case. They aid in modifying or reducing severe charges and striking evidence from usage in court. They give an idea of what will be leveraged by the prosecutor against you. Lawyers make these motions of either party after a preliminary pretrial hearing and before the case goes to a trial. The judges are responsible for deciding the result of the motion.

Some of the commonly used pretrial motions 

  • Motion for suppressing.
  • Discovery Motion. 
  • Motion for changing venue.
  • Motion for dismissal. 
  • Motion for disclosing the identity of the informant. 
  • Motion for modifying bail.

All motions related to any issues in the document of charges should be requested in the Pre-Trial Conference, or they will be waived. After waiving, no issues will be revisited. Any motions related to irregularities or informalities in the document of charges or factual disputes can face denial without prejudice and are mentioned on the file. Still, they can be revisited only when the case is on trial.

When Are Pre-Trial Motions Requested?

Before a case goes to trial, there are a lot of hearings that take place. Initial or arraignment hearings are done where the defendant listens to all the charges against them. Bail hearings occur when a judge decides on bail or orders denial. An initial pretrial conference also happens when both parties report the status of the case, try securing or excluding evidence, change the venue, or request to end the case. After that, a final pretrial conference may also occur before the trial.

To deal with any case successfully, it is crucial to be well prepared. Especially in trial cases, the pretrial motions, it is necessary to be properly ready to deal with all the events. The effectiveness of pre-trial motions depends entirely on your case’s factual information and the laws applied to it. To choose which pre-trial motion is suitable for your case, make sure to consult with a criminal defense lawyer. They are professionally equipped to investigate your case and provide efficient legal solutions. They help give the necessary guidance and file the motions on your behalf so that the task is done without any technical inaccuracies.