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Clearwater Criminal Defense Lawyer > Blog > Criminal Defense > What Is A Florida Pretrial Motion?

What Is A Florida Pretrial Motion?


If you are facing criminal charges in Florida, your lawyer may talk about pretrial motions. Essentially, this is a legal document filed by one of the parties involved in a Florida criminal or criminal case. Motions can be used in an array of ways, including to challenge evidence or demand that specific arguments or evidence be taken off record before the case heads to trial.

Hiring a Clearwater criminal defense lawyer after an arrest means you will have an attorney developing an appropriate strategy for you. This could include a pre-trial motion. When these legal documents are used effectively, they can save you stress, time and money, and it may be possible to avoid going to trial at all. Some are able to have their charges dismissed through the pre-trial actions of their attorneys.

Challenging the Admissibility of the Prosecution’s Evidence

Often pre-trial motions will be used in criminal cases, by the defendant’s legal team, to challenge the strength of the prosecutor’s evidence. Once your attorney identifies an evidence issue, they will submit a written document to the court. The document will outline why the motion is being filed, what the legal basis is for the relief that is being sought, and any supporting proof.

Both the defense and the prosecution can make numerous pretrial motions. In the majority of situations, the filing needs to be in writing and signed. Sometimes these stipulations can be waived, but there needs to be a sound reason for waiving the motion rules.

Motion to Dismiss or a Continuance

There are also motions to dismiss that can be made early in the process during or before an arraignment. An arraignment is the formal hearing in which the Florida prosecutor will officially file charges against the defendant. If you do not have your own attorney, a public defender could be appointed to your case.

One of the many reasons why it is advantageous to hire an attorney when facing criminal charges is that a public defender will not be assigned to your case until the arraignment. Private counsel can begin working on your defense far earlier, possibly even filing a successful pre-trial motion that leads to your charges being dismissed prior to an arraignment hearing.

Another motion your Clearwater criminal defense lawyer could bring forward is a motion of continence. This motion, if granted, will postpone the legal process. This could be helpful if new evidence is discovered and you and your attorney need more time to incorporate the fresh information into your defense arguments.

Are you interested in exploring pre-trial motions? When you connect with an experienced defense attorney, they can share with you what pre-trial motions could lead to the best outcome for you. Hire an attorney who has represented individuals accused of criminal acts similar to your charges, connect with the legal team at King Law Group. Pre-trial motions are one of many possibilities to boost your defense, bring the facts of your case to a seasoned attorney. Schedule your free consultation today.

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