Criminal Defense Pre-trial motions

On Behalf of | May 2, 2018 | Criminal Defense

One of the most important aspects of Criminal Defense is the filing of Pre-Trial Motions. Pre-Trial motions are essentially requests by the defense that the court make a ruling on the admissibility of certain evidence during the trial. arrest warrants As many people know, in order for the government to win at trial, they must prove beyond a reasonable doubt the defendant is guilty of committing a crime. In order to do this, the prosecution must introduce evidence showing that the defendant is guilty. However, evidence seized by the government is not admissible at trial, if the police seized the evidence illegally. Specifically, if the police violated one of the defendant’s constitutional rights , such as the fourth or fifth amendments, then the court will rule that the evidence is not admissible at trial. In certain cases, the prosecution may not be able to bring a case, or meet their burden of proving that the defendant committed a crime beyond a reasonable doubt, if certain evidence is not admissible in Court.

Examples of Pre-Trial motions in Criminal Defense cases are as follows: Challenging that the government illegally seized evidence from the defendant violating his fourth amendment rights. Hearsay Specifically, that the government searched a defendant’s house or vehicle without first obtaining the consent of the property owner or obtaining a search warrant to search the home. Second, challenging that the government illegally obtained statements from the defendant in violation of his fifth amendment rights to the constitution. Specifically, that the government obtained a confession from a defendant while he or she was in custody without reading him his Miranda rights. It is important that you consult with an experienced Chester County Criminal Lawyer if you are charged with a crime since there are numerous cases and instances where evidence can be excluded via pre-trial motions.

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