Chapter 6- Pretrial Motions, Exclusionary Rule, and Plea Bargaining

Pretrial Motions

A request from a litigant requesting a ruling or directive by the trial court on a matter relating to the case

Two basic types of pretrial motion hearings

Evidentiary hearing and oral hearing

Evidentiary hearing

Allows the parties to call witnesses and introduce evidence for the purpose of supporting or refuting a motion.

Oral hearing

Allows the parties to present their claims verbally to the court and affords the trial judge a chance to ask questions of the attorneys

Motion in Limine

Exclude or limit the prosecutor or witnesses from referencing unfairly prejudiced material about the defendant, victim, or witnesses

Motion for the Appointment of Counsel or for Funds to Obtain and Expert

Obtain a court-appointed attorney to represent an indigent defendant or to retain an expert

Motion to Modify Bail & Pretrial Detention

Reduce or modify the terms and conditions of bail for the defendant set during the bond hearing

Motion for a Bill of Particulars

Obtain more details about the nature of the criminal charges

Motion to Determine Competency

Have defendants evaluated to see whether they are competent to stand trial

Motion for a Continuance

Obtain additional time to prepare for trial, motions, or other proceedings

Requests and Motions for Discovery

Obtain evidence and information about the criminal charges, including Brady, Jencks, and Giglio information

Motion to Dismiss Charges or Indictment

Eliminate criminal charges based on unconstitutionality of criminal statute, grand jury irregularities, speedy trial violation, double jeopardy, duplicity of counts, or the failure to state a claim.

Motion to Travel

Allow the defendant to travel for particular purpose while awaiting trial

Motion for the Return of Property

Obtain court order for law enforcement to release seized property which defendant needs for trial preparation or which government has no basis to maintain.

Motion for Judicial Recusal

Have the currently assigned judge step down from the case based due to a conflict of interest or other ethical concern

Motion for Severance of Defendants and/or Counts

Seek separate trials for co-defendants or multiple counts where the joinder of these defendants or counts would unfairly prejudice the defendant.

Motion to Suppress

Prevent evidence from being introduced during trial against the defendant based on assertion that it was illegally obtained by law enforcement

Motion for Change of Venue

Change the location of the trial, including the geographical territory from which jurors might be selected

Types of Motions filed Prosecutors

Motion in Limine, Motion for Protective Order, Motion to Revoke or Modify Defendant’s Bail, Motion for Voice, Handwriting, or Others Exemplars from Defendant

Motion for Protective Order

To protect the victims or witnesses by ordering the defendant not to make contact with these individuals

Motion to Revoke or Modify Defendant’s Bail

Enhance the terms and conditions of bail set during the bond hearing

Motion for Voice, Handwriting, or other Exemplars from Defendant

Require defendant to submit voice, handwriting, hair, or other samples for the prosecutor’s review

Motion to Amend the Indictment or Comaplint

Make adjustments to the charging instrument in order to correct a defect or omission

Exclusionary Rule

Illegally seized evidence must be excluded from governmental use during trial

Fruit of the Poisonous Tree Doctrine

Exclude any evidence derived from an initial piece of evidence which was illegally seized

Exceptions to the Exclusionary Rule

Independent source rule, intervening circumstances exception, inevitable discovery exception, good faith exception

Independent source rule

An exception to the exclusionary rule allowing evidence initially obtained illegally and then discovered independently from activities untainted to be used in trial

Intervening Circumstances Exception

An exception to the exclusionary rule where a third party enters an existing civil case and has a personal stake in the outcome

Inevitable Discovery Exception

Allows for illegally obtained evidence to be used in court if it would have been discovered legally anyway

Good Faith Exception

Allows illegally obtained evidence to be used in court if law enforcement acted in good faith