The legal process in California is incredibly complex, and navigating procedures to defend yourself against criminal charges requires in-depth knowledge of the requirements and options available to defendants. If done correctly, pretrial motions can play an essential role in defense strategy, which is why you should work with an experienced criminal defense attorney.

If you are facing criminal charges in California, having aggressive, dedicated representation can make all the difference in the outcome of your case. When you work with the Law Office of Sheny Gutierrez, you can be sure that you have a defense attorney who will fight to protect your rights and your future. Criminal convictions can have devastating and long-lasting consequences, so risk going through this process alone. Contact us today to schedule a free consultation.

Purpose of Pretrial Motions

Pretrial motions are legal requests that either the defense or the prosecution can make before the trial begins. These motions can resolve issues and streamline the legal process, as well as serve numerous other specific purposes in a criminal case. Pretrial motions can be used to:

  • Challenge evidence
  • Ask that charges be dismissed
  • Present legal arguments
  • Request a change of venue
  • Set conditions for bail
  • Address violations of constitutional rights
  • Request a continuance

Pretrial motions should be used strategically to strengthen your criminal defense case or move the case toward a specific outcome, such as changing the court venue or having evidence suppressed.

Common Types of Pretrial Motions in California

There are several types of pretrial motions that you may be able to file in your criminal case. Each has a unique purpose and may or may not be helpful as part of your defensive strategy.

Motion to Dismiss

PC § 995 discusses setting aside an indictment, and this may be accomplished by filing a motion to dismiss. These motions can reference various reasons that would justify the dismissal, including rights violations and insufficient evidence held by the prosecution.

Motion to Suppress Evidence

PC § 1538.5 allows people charged with a crime to ask that evidence be suppressed if there was an unreasonable search or seizure, including evidence obtained without probable cause.

Motion for Continuance

If there is a conflict with the date of the trial due to unforeseen circumstances or more time is needed to prepare, a motion for continuance can be filed to request the trial be postponed or rescheduled to a later date.

Motion for Discovery

If the prosecution has evidence that is likely relevant to your defense, you can file a motion for discovery to request disclosure of documents like police reports and other materials.

Motion to Strike Prior Convictions

PC § 17 allows people in California with prior felony convictions to file a motion to strike or reduce those convictions for sentencing purposes.

How to File Pretrial Motions

Filing pretrial motions is best completed by a defense attorney who is familiar with state law and local court procedures. Some courts have specific requirements for submitting requests and filing documents that can make the process more complex. Typically, filing a pretrial motion in California involves the following steps:

  • Drafting the motion
  • Filing the motion and supporting documents with the court
  • Serving the motion on the other party
  • Attend the hearing and present evidence to support the motion

After the hearing and once both sides have presented their arguments, the court will issue a ruling on the motion. Motions can be denied or granted in whole or in part, meaning that some requests in the motion may be granted, and some may be denied.

Key Factors to Consider for Pretrial Motions

It’s necessary to think strategically about pretrial motions because not all requests are relevant, and some may not help your case. Consider the following elements that could impact your motion and the outcome of your request to the court:

  • Legal precedent – is your pretrial motion valid or supported by case law or statutory law?
  • Evidence and legal argument – do you have the evidence or legal standing to successfully argue the motion in court?
  • Court discretion – to a certain extent, judges have discretion when ruling on pretrial motions. Will this help or hurt your cause?

Contact an Experienced California Criminal Defense Attorney Today

Pretrial motions provide a valuable tool for parties charged with crimes in California, giving them a chance to address crucial issues before proceeding to trial. When used correctly, pretrial motions can help criminal defense lawyers protect their clients’ rights and increase the chances of a successful outcome.

Whatever step of the process you’re going through, the defense attorney at the Law Office of Sheny Gutierrez will be there to guide you. We can help you file pretrial motions, gather evidence to support your defensive strategy and fight tirelessly for the best possible outcome. Schedule a free consultation with us to discuss your case.