What Happens During Pre-Trial Motions & Hearings in a Criminal Case
Pre-Trial Motions and Hearings. After an arraignment, where you enter your plea and the court sets important dates, your case will move into the pre-trial phase. This is one of the most critical steps in the legal process, where your criminal defense lawyer will challenge evidence, argue legal issues, and negotiate with the prosecution. Understanding what to expect during pre-trial motions and hearings can help you feel more prepared and confident about your case.
What Are Pre-Trial Motions?
Pre-trial motions are legal arguments made by your defense attorney or the prosecutor to address key issues before your case proceeds to trial. These motions can influence the direction of your case and sometimes lead to a resolution without the need for a trial. There are many types of motions, but the most common pre-trial motions include:
- Motion to Dismiss – This motion asks the court to throw out the case entirely due to lack of evidence, procedural errors, or other legal issues. If successful, this motion can result in the charges being dropped entirely.
- Motion to Suppress Evidence – If your lawyer believes that evidence against you was obtained illegally (such as through an improper search or seizure), they will ask the judge to exclude that evidence from the trial.
- Motion to Change Venue – If the case has received a lot of local publicity or if there’s concern about an impartial jury, your attorney may request to move the trial to a different jurisdiction where jurors are less likely to have already decided your guilty or innocence. This can prevent bias and improve your chances of a favorable outcome.
- Motion for Discovery – This motion ensures that the prosecution turns over all the evidence they have, including witness lists, reports, and physical evidence. It is your legal right to have access to all the evidence the prosecution has. This motion ensures transparency and allows both sides to have access to the same information before trial.
Why Pre-Trial Motions Matter
Pre-trial motions can set the stage for your case. Winning a key motion, like a motion to suppress evidence, could mean the difference between facing a full trial and having the charges dropped. These motions give your criminal defense attorney the opportunity to challenge the prosecution’s case before it even reaches trial. If certain evidence is thrown out, the prosecution may have a weaker case or decide not to proceed at all.
At Combs Waterkotte, our experienced Missouri criminal defense lawyers know how to craft compelling arguments for each pre-trial motion, challenging every aspect of the case to secure the best possible outcome for our clients.
Pre-Trial Hearings in Missouri: What to Expect
A pre-trial hearing is where the judge reviews and rules on the motions filed by both the defense and the prosecution. These hearings are held before the trial officially begins, and they can be used to address various issues, from setting timelines to resolving legal disputes., such as what evidence is allowed at trial.
Some key things that happen during a pre-trial hearing include:
- Reviewing Pre-Trial Motions – Both sides will present their motions and arguments, and the judge will make rulings that will determine what evidence can be used at trial and what legal arguments are valid.
- Scheduling – The court may use the pre-trial hearing to set additional dates for future hearings, as well as establish deadlines for submitting evidence or finalizing negotiations.
- Plea Discussions – In some cases, the defense and prosecution may engage in plea negotiations during the pre-trial phase. If a plea deal is reached, such as a sentence reduction or pleading guilty to lesser charges, the case could be resolved without going to trial.
Why You Need a Criminal Defense Lawyer in Missouri Pre-Trial Hearings
Your criminal defense lawyer will be your advocate during pre-trial hearings, ensuring that your rights are protected and that any legal or procedural errors are addressed. Your attorney will work to weaken the prosecution’s case by challenging evidence and whether or not police followed proper procedures.
Even if your case does not get dismissed or resolved through a plea deal, pre-trial hearings give your lawyer a better understanding of the prosecution’s evidence and strategy. This helps them build a stronger defense for trial. Winning a key motion can significantly improve your chances of avoiding a conviction or receiving a reduced sentence.
At Combs Waterkotte, our criminal defense attorneys have extensive experience filing and arguing pre-trial motions in courts throughout Missouri. We meticulously review every detail of your case to identify any errors or constitutional violations and use these pre-trial motions to your advantage.
Contact Combs Waterkotte Today to Discuss Your Case
The pre-trial stage is a crucial part of the criminal defense process, and having an experienced Missouri criminal defense attorney by your side can make all the difference. If you’ve been charged with a crime in Missouri, contact Combs Waterkotte today to schedule a free consultation. We’ll review your case, explain your options, and guide you through every step of the process. Call us now at (314) 900-HELP or contact us online. Let us fight for you.
