Pre-trial Motions in Texas
Pretrial motions are among an attorney’s most important tools in litigation. Pretrial motions involve exactly what the name suggests. They are requests made of the court prior to the start of trial. Some pretrial motions may be brought during trial or right before trial begins, but they are traditionally argued prior to the start of trial.
Pretrial motions can be vital to the success or failure of a trial, depending on the purpose of the motion. Experienced criminal defense attorneys use pretrial motions to exclude or include evidence, such as items obtained during an illegal search and seizure; testimonies that were inappropriate during depositions, and motions to request a new trial date or time. Each of these tasks, and more are done through a motion.
Understanding how to both fight and defend pretrial motions is crucial to a lawyer’s skillset.
Attorney for Pretrial Motions in Georgetown, TX
If you or someone you know is under investigation for a criminal offense, or is awaiting trial, and you want a skilled criminal defense attorney who understands how to use and fight pretrial motions to his or her advantage, then contact Law Office of Price & Wiggins, P.C..
Pretrial motions are tools of litigation, and attorney Michael J. Price is an experienced and dedicated litigator. He has been practiced law in Texas for years and knows his way around the Williamson County, TX courtrooms.
Law Office of Price & Wiggins, P.C. accepts cases in , Bell County, Milam County, Lee County, Bastrop County, Travis County, and Burnet County, TX.
Call (512) 354-1880 now to schedule a one-on-one consultation with Attorney Michael J. Price.
Types of Pretrial Motions in Texas
No two motions are the same. The type of motion an attorney writes will depend on what he or she is requesting the court to do. There are different motions for different requests.
Importantly, the requirements of a motion will be based on the court in which it is filed. Federal court pretrial motions, for example, may look differently than state court motions.
Further, courts in different counties may have different procedural requirements for filing its motions. The most common pretrial motions include the following:
- Motions for Summary Judgment (or Disposition) – a statement that the facts and circumstances surrounding a case do not support one or more of the required elements of a crime, therefore the court should end case before it goes to trial.
- Motion to Dismiss – the court that the case was filed in does not have proper jurisdiction over one or more of the parties to a case; the case should be dismissed because of lack of evidence; the case should be dismissed because it was settled before trial.
- Motion in Limine – Latin for “at the start,” a motion in limine requests that the court exclude or include evidence before or just at the start of trial. A motion to exclude evidence could be based on the way in which the evidence was obtained –through an illegal search or seizure –or it could be based on the type of evidence –inflaming evidence. In addition, when a party wants to request the inclusion of evidence, because it was discovered after the close of discovery or at an inconvenient time, an experienced attorney would file a motion in limine.
- Motion to Change Venue – request that the trial be held at a different venue. This motion is used generally for high profile cases. When the local community knows too much about a case to have an unbiased jury, an attorney will request that the case be moved to a different county or state.
Other Common Motions
In criminal cases, an experienced attorney will have learned what motions to make and when to make them during a criminal trial. Other motions to consider include the following:
- Motion to strike
- Motion for nolle prosequi
- Motion for judgment notwithstanding the verdict
- Motion for a new trial
The Law Dictionary – Visit this website for an older edition of Black’s Law Dictionary, originally published by Henry Campbell Black in 1891, the law dictionary has been a staple to the legal profession since its inception. Although this edition is older many of the definitions are still used as a basis for new legal terms today.
Federal Motions – Visit the U.S. Department of Justice, Office of the Attorneys for more information about the Federal criminal justice procedure, from the investigation, to the appeal. The website provides short blurbs on each stage of federal litigation to provide visitors with insight into the federal legal justice system.
Find a Criminal Defense Lawyer in Williamson County, Texas
Having an experienced criminal defense attorney who understands the criminal justice process is imperative if you or someone you know has been charged with a criminal offense.
Attorney Michael J. Price is an experienced litigator who has been practicing Texas criminal law for years. He is the founder of Law Office of Price & Wiggins, P.C. and is known for being a dedicated and steadfast defense lawyer.
Call Law Office of Price & Wiggins, P.C. at (512) 354-1880 now to schedule a one-on-one, confidential, consultation to discuss your case with our attorney.
This article was last updated on Friday, September 15, 2017.