Few understand the need to hire an attorney when going through pretrial motions. In this procedure, you make requests you believe will favor your side before entering a trial. This can include changing when and where a trial will occur or what information will be allowed during the proceedings. Because these motions have a big bearing on your case, it's important to get an attorney on your side who can help ensure fair proceedings.
1. Discover Evidence Against You With a Discovery Motion
It is illegal for the prosecution to withhold evidence against you in criminal cases. If important evidence seems to be withheld, or if there is new information about the investigation, e.g., video footage that may be used against you in court, you can ask a lawyer to file a pretrial inquiry request for more information. You can then suppress or dismiss the evidence.
2. Ask for a Friendly Location With a Location Change Motion
Your criminal defense counsel can help you move your case to a more friendly place. For example, if you are in an area where you have been charged with drunk driving and where many other DUI arrests have taken place, your lawyer may require you to move your trial to another location. In addition, if there is evidence of police misconduct during the arrest, you may also request a change of location.
3. Plead for Better Bail Conditions
Bail can be set at different levels, but it depends on whether you are being charged with a misdemeanor or a criminal offense. Once the court has decided on the amount of bail, if you think the bail is too high, talk to your lawyer about your application for a change in bail. Bail change requests are intended to reduce (or increase) the amount of bail to ensure equality before the law.
4. Try Dropping the Case With a Motion to Dismiss
A good criminal defense lawyer will try to end the proceedings against you as soon as possible. The lawyer will cite various justifications for seeking dismissal, including lack of evidence or lack of probable cause for arrest.
If your attorney successfully convinces a judge that there's no reason to continue with your trial, you won't be convicted and won't need to worry about serving time in jail or paying fines.
When you face criminal charges, your freedom and future are often at risk, so you need skilled legal help to beat them.
Contact a law firm like Ortega Law for more information.