Contact Broden & Mickelsen, LLP today to speak with one of our experienced Texas criminal defense attorneys. Our lawyers safeguard your rights, challenge the prosecution’s case, and advise you of your rights. With over 60 years of combined criminal defense experience, we are adept at filing pretrial motions that produce successful outcomes. If you are facing criminal charges in Texas, the board-certified criminal defense attorneys at Broden & Mickelsen, LLP can help. By building an effective defense, we can make a motion to dismiss your case by showing: a defect in instituting the prosectution. These motions often create opportunities for favorable outcomes and protect a client’s rights. Seek Legal Guidance from a Criminal Defense Attorney on Pretrial MotionsĪ skilled criminal defense attorney can use pretrial motions to their client’s advantage, directly impacting a case’s course. Motion to dismiss charges – This motion asks the court to dismiss some or all the charges based on legal grounds, such as lack of evidence.Motion to compel evidence or testimony – This motion requests the court to order the opposing party to produce certain documents, evidence, or testimony they have refused to provide during the case’s discovery phase.Motion to suppress evidence – This motion seeks to exclude specific evidence from being presented during the trial, often on the grounds that the police lacked probable cause, illegally obtained the evidence, or otherwise violated the defendant’s constitutional rights.The most common types of pretrial motions include the following: Most Common Types of Pretrial Motions in Criminal Cases in Texas Under the Texas Criminal Code, motions must be filed at least seven days before a pretrial hearing unless there is an exception for good cause.Īttorneys must carefully consider the timing of presenting pretrial motions to ensure they meet court deadlines and procedures and support their client’s best interests. Then, they may present pretrial motions at pretrial hearings before a judge. When Do Attorneys Present Pretrial Motions?Īttorneys seeking the court’s decision on a matter critical to the case submit a pretrial motion in writing. Attorneys often use pretrial motions to put a client in the most favorable position before trial. Pretrial motions can significantly alter the course of a case, sometimes resulting in a case’s dismissal. These motions may address specific legal questions, procedural matters, or other issues that could affect the course of the trial. What Is a Pretrial Motion?Ī pretrial motion is a formal request the prosecutor or defense attorney makes to the court before a trial. Below, we describe common types of pretrial motions and how they can affect the trajectory of a Texas criminal case. Behind the scenes of every trial lies a critical phase that can significantly influence the course of the proceedings: the pretrial motions stage.Īn experienced Texas criminal defense lawyer from Broden & Mickelsen, LLP can explain pretrial motions and when we may file them. Criminal defense cases are complex legal battles requiring meticulous preparation and strategic thinking.
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