If your case proceeds toward trial without a plea agreement, Rule 3.06 of the Federal Rules of Civil Procedure notes that you will have a final pretrial meeting. At this meeting, your attorney will have the chance to file various motions that could produce favorable outcomes, including the dismissal of your case.
Pretrial Meetings Offer Your Attorney the Chance to File Motions
In the 1-2 weeks before a trial, your attorney will complete both a pretrial meeting and a pretrial conference. During these two meetings, the prosecution and your attorney are required to:
- Detail their case in a written manner
- Review the other side's evidence and witness information
- Review details about where and how the trial will take place
- Outline and motions they have filed or plan to file
Each side must file a comprehensive written record about the trial, as well as any issues they have related to the trial. The pretrial motions are a key feature of the pretrial process, as these motions request that the court take some sort of action. The judge must respond to these motions, and your lawyer hopes they grant any and all motions they file on your behalf.
What Pretrial Motions May Your Attorney File?
Your attorney may file any number of pretrial motions, each of which will have the aim of helping you and your defense. Some pretrial motions your attorney can file include:
- Motion to dismiss the charges against you
- Motion to change the venue where your trial will take place
- Motion to suppress specific evidence or testimony
- Motion to compel the prosecution to produce evidence
- Motion to bar media from a trial
These are only a few of the many pretrial motions available to a criminal defense attorney. A capable defense attorney will have a comprehensive understanding of pretrial motions, when to file them, and how to argue that the judge sustains (approve) the motion.
Every advantage counts in a federal criminal trial in New Jersey. Pretrial meetings, and pretrial motions in particular, offer your attorney the chance to gain distinct advantages (or at least level the playing field) as they prepare for your trial.
Can Prosecutors Pursue Pretrial Motions?
Federal prosecutors who try cases in New Jersey District Court also have the right to file pretrial motions. It will be your attorney's job to argue against some of these motions when the specific motions call for legal arguments.
The prosecutor in your case may file the same types of motions that your attorney does—motions to include or exclude evidence, disqualify witnesses or testimony, change the legal venue, or take certain other actions.
Hire an Attorney Who Understands Pretrial Motions
When it comes to effectively filing and arguing against pretrial motions, there is no substitute for experience. The Lento Law Firm regularly represents clients facing federal charges in New Jersey. We take full advantage of pretrial meetings to improve our clients' defense (and, in some cases, dismiss charges).
Call the Lento Law Firm today at 888-535-3686 or contact us online about your case. If pretrial meetings are approaching, there is absolutely no time to spare. Get an attorney you can trust today.
