Clock face fading into a calendar. Filing pre-trial motions in a criminal case

What Is the Timeline for Filing Pre-Trial Motions in a Criminal Case?

The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.

Clock face fading into a calendar. Filing pre-trial motions in a criminal case

Check with the court to determine the exact timeline for filing pre-trial motions in Minnesota, as local rules and circumstances can affect the deadline. For legal advice and representation, call (952) 913-1421 to speak with defense attorneys at Keller Criminal Defense Attorneys.

Examples of Pre-trial Motions in Minnesota

Pre-trial motions play an important role in shaping how the trial proceeds. Hiring a criminal defense attorney to help you through the post-conviction process is advisable. A lawyer will help you exclude improper evidence, include new evidence, or even dismiss cases, thus streamlining the trial process. The most common pre-trial motions include:

Motion to Dismiss

The Minnesota Rules of Criminal Procedure allows you (the defendant) to file for case dismissal before it proceeds to trial. In this motion, you must provide detailed evidence showing why the case should not proceed. The purpose of filing this motion is to address the legal sufficiency of the complainant’s claims. Doing this helps prevent unnecessary trials, thus saving resources and time for all involved parties.

You can apply for this motion if you feel the court lacks authority over the subject or the case has been filed in the wrong geographic area or court. Additionally, you can file this motion if the complaint lacks legal cause of action or the lawsuit was not filed within the stipulated timeline. This motion should be filed early in the case, and your lawyer must present all legal arguments detailing why the case should not proceed.

Motion to Suppress Evidence

This motion requests the court to exclude some evidence presented by the prosecution. The evidence could be irrelevant or could have been obtained through illegal searches and seizures. For example, the law has an exclusionary rule prohibiting the prosecutor from using confessions and statements obtained without a Miranda warning or seizures obtained without a search warrant. You can also file this motion if your right to get an attorney was violated.

Motion in Limine

You can file this motion requesting the court to exclude certain evidence from getting used in a trial. The primary purpose of filing this motion is to prevent irrelevant, prejudicial, and inadmissible evidence from getting used in the trial, thus ensuring a fair trial. This motion helps resolve all disputes before the trial begins, ensuring there are no interruptions during the trial.

You can, for instance, file this motion if you feel that the evidence used by the prosecutor is inadmissible and can unfairly influence the judge’s decision.

Discovery Motion

Your criminal defense lawyer can file this motion if he or she wants to obtain evidence or information from the other party. Discovery is done through interrogatories, subpoenas, depositions, or even requests for admissions. This motion is vital because it ensures all parties have access to the facts and are equally prepared for trial.

The involved parties are requested to share their relevant evidence, records, documents, and other material related to the case. If a party fails to honor the discovery requests, the court can impose sanctions, such as ruling in favor of the other party or fines.

Motion for Severance

This motion requests that the court separates the trials of different charges against one person. The motion for severance seeks to prevent the prejudice that can arise if multiple defendants are tried together. It also protects the defendants from having multiple charges addressed in a single trial.

You can, for instance, file this motion if the co-defendants present defenses contradicting each other. Contradictory evidence can confuse the judge and drastically disadvantage one of the defendants.

Motion to Postpone the Pre-Trial Hearing

This motion can be filed by either the defendant or prosecution, seeking the court to postpone the pre-trial or trial hearing. It helps both parties have enough time to prepare their evidence, secure witnesses, and respond to new developments. The motion also helps resolve scheduling conflicts for the witnesses, attorneys, complainants, and defendants.

The court can approve or deny your motion for continuance by checking the legitimacy of the reasons for the delay. The court also determines how the delay will affect the case, trial schedule, and previous continuances.

Steps for Filing Pre-Trial Motions in a Criminal Case

Filing a pre-trial motion involves several steps, including:

Identifying the Grounds for the Motion

Before filing a pre-trial motion for your criminal case, it’s advisable to hire a criminal defense attorney. So, what does a criminal defense attorney do? Your criminal defense lawyer will help you understand your case’s legal issues and decide which motion to file. Your lawyer will do this by thoroughly reviewing the case facts, including the witness statements, police report, discovery materials, and other relevant documentation.

Your lawyer then determines the key disputes or issues that must be resolved before the trial begins. The dispute could be caused by procedural errors, admissibility of evidence, or lack of jurisdiction to hear the case. Afterward, the lawyer identifies the case statutes, laws, or constitutional grounds that support the motion.

Draft the Motion

After identifying the ground for filing the motion, your lawyer should prepare a formal written document explaining the legal reasons you are requesting relief from the court. The motion draft should follow a format, so ensure you check the local court rules and formatting guidelines. It should include a title, case number, and the type of motion you’re filing. It should also include a brief introduction outlining what the motion seeks.

Ensure you table factual statements showing the background of the issues relevant to the motion. The facts provided should be precise and supported by evidence. Don’t forget to include the conclusion and attach an affidavit indicating that the facts presented in the motion are correct.

Collect Important Evidence

Attach all supporting documentation referenced in your motion. For example, if you’re filing a motion to suppress evidence, include police reports, search warrants, or other discovery materials showing how the evidence was collected.

The evidence collected must be presented before the set deadline. The stipulated timeline for filing pre-trial motions can be found in the local court’s procedural rules or the Minnesota Rules of Criminal Procedure. Adhering to the deadline is important, as missing it can cause rejection of the motion.

File the Motion

After preparing the motion and gathering evidence, you should formally file the motion in court. You can file in person or through the Minnesota Judicial Branch’s E-filing system. Don’t forget to keep copies of all the documents you used to support your motion.

Serving the Motion to All Involved Parties

Once you’ve filed the motion, you or your criminal defense lawyer should serve the motion and all supporting documents to the prosecution team. You can serve the motion physically or via electronic services, such as mail. Remember to obtain and file a certificate of service that confirms that you served all involved parties using the right channel.

File for a Notice of Motion and Hearing

A notice of motion and hearing informs the court and the involved parties of the hearing’s time, date, and location. The court clerk can set the date, or you might be required to consult with the opposing party and decide on the date for the hearing.

Prepare for the Hearing

After the motion date is set, it’s important to prepare for the hearing by reviewing all legal documents and arguments related to the motion. You should also be ready to argue with the prosecutor. If the motion involves witnesses, ensure you conduct a cross-examination and prepare them for the testimony.

Attend the Hearing

It’s advisable to attend the hearing and ensure you have carried all the necessary materials. The judge might ask questions or ask for clarification, so ensure your response is direct and concise. After the hearing, the judge can issue the ruling immediately or a written decision later. You can accept or appeal the decision, depending on the court’s findings and reasoning.

Are There Consequences for Missing the Deadline for Filing Pre-Trial Motions?

Many pre-trial motions involve constitutional and procedural issues that must be addressed before the trial begins. Missing such important deadlines can negatively affect the outcome of your case. Here are the most common consequences you may face.

Waiver of Rights

You risk losing important rights if you miss the deadline for filing pre-trial motions. For example, if you missed the deadline for filing a motion for the suppression of evidence, the court can rule that you waive your rights to challenge the usage of evidence obtained illegally.

Additionally, you might lose the right to challenge the validity or sufficiency of the evidence provided. Missing the deadline for filing a necessary pre-trial motion can make you lose the right to challenge important legal and evidentiary issues that cannot be revived later in the case.

Can Result in Court Sanctions

Courts in Minnesota are keen on scheduling cases, and delaying the submission of important pre-trial motions can result in serious sanctions. For example, the court can impose monetary penalties if the delay wastes the involved party’s time and resources. Moreover, the court can deny motions filed late, thus affecting the trial outcome.

Unable to Table Important Issues

When you miss the timeline of a criminal case, the court can prevent you from raising the issues during trial. For example, if you delay filing the motion to suppress evidence, you can lose the opportunity to challenge the evidence during trial. When such substantial evidence is admitted in court, it can negatively impact your case.

Missing the deadline can also prevent you from filing pre-trial motions related to discovery. This can prevent your defense lawyer from obtaining substantial evidence to develop a good defense strategy.

Can Damage Your Credibility

Courts in Minnesota usually rely on pre-trial motions to set the stage for trial by resolving evidentiary disputes and procedural issues beforehand. Judges typically expect you to comply with court rules, and missing deadlines can make you appear incompetent or disrespectful of the court’s processes.

Missing deadlines can damage your credibility in court, as the judge may question your preparedness for the case. This can negatively impact the case strategy, as the judge may be less sympathetic to your future requests, such as asking for leniency and extensions.

The filing of pre-trial motions plays an important role in shaping the course of the trial. Remember, missing important deadlines can negatively affect the outcome of your case. Contact us today at Keller Criminal Defense Attorneys if you’re looking for a criminal defense lawyer to guide you through pre-trial motions and other aspects of your criminal case.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

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