Local Law Firms Home > Criminal Defense Attorney Overview > Pre-Trial Motions After a preliminary hearing and prior to a criminal case going to trial, the defense team and the prosecutor normally appear before a criminal court judge and make pre-trial motions. This is to urge that specific pieces of evidence should be omitted from the trial, and that certain parties cannot or should not testify, or that the case should be dismissed altogether.
Pre-trial motions are tactics utilized by the defense and by the government in an attempt to implement the limitations for trial, assuming that one takes place. Testimony, legal arguments, and physical evidence are some of the many points that are often brought up during pre-trial motions, in addition to any facts or information that suggest there should not even be a trial at all.
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