Criminal defense cases are complex legal battles that require careful preparation and strategic thinking. Behind the scenes of every trial lies a critical stage that can significantly affect the conduct of the proceedings: the interlocutory applications stage.
An experienced Texas criminal defense attorney from Broden & Mickelsen, LLP can explain pretrial motions and when we can file them. Below, we describe common types of pretrial motions and how they can affect the course of a criminal case in Texas.
What is the preliminary movement?
The preliminary proposal is considered a formal application The prosecutor or defense attorney is presented to the court before trial. These requests may address specific legal issues, procedural issues, or other issues that could affect the conduct of the trial.
Pretrial motions can dramatically change the course of a case, sometimes resulting in the case being dismissed. Attorneys often use pretrial motions to place a client in the most favorable position before trial.
When do lawyers file pretrial motions?
Attorneys seeking a decision from the court on a matter critical to the case submit a written request before trial. They can then file pretrial motions at pretrial hearings before the judge. under Texas Criminal CodeMotions must be filed at least seven days before the pretrial hearing unless an exception is made for good cause.
Attorneys should carefully consider the timing of filing pretrial motions to ensure that they adhere to deadlines and court procedures and promote the best interests of their clients.
The most common types of pretrial motions in criminal cases in Texas
The most common types of pretrial motions include:
- Motion to suppress evidence -This motion seeks to exclude specific evidence from being presented at trial, often on the grounds that the police lacked probable cause, illegally obtained the evidence, or violated the defendant’s constitutional rights.
- Request to compel evidence or testimony This request requests the court to order the opposing party to submit certain documents, evidence, or testimony that he refused to provide during the discovery phase of the case.
- Motion to drop charges – This motion asks the court to dismiss some or all of the charges based on legal grounds, such as insufficient evidence.
Seek legal guidance from a criminal defense attorney regarding pretrial motions
A skilled criminal defense attorney can use pretrial motions to his client’s advantage, directly influencing the course of the case. These suggestions often create opportunities to achieve positive outcomes and protect the client’s rights.
If you are facing criminal charges in Texas, the board-certified criminal defense attorneys at Broden & Mickelsen, LLP can help. With over 60 years of combined criminal defense experience, we are skilled at presenting pretrial motions that lead to successful outcomes. Our attorneys protect your rights, challenge the prosecution’s case, and advise you on your rights. Contact Broden & Mickelsen, LLP today to speak with one of our experienced Texas criminal defense attorneys.