The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.
Understanding the legal motions discussed at the meeting can inform how you prepare for the hearing. Whether you will get a favorable outcome depends on the strength of your arguments during the hearing. Retaining a criminal defense lawyer can give you an upper hand.
A criminal defense lawyer at Keller Criminal Defense Attorneys is the legal backup you need for your pre-trial motions hearing. Call us at (952) 913-1421 to learn more about the legal strategies our seasoned lawyers will employ.
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What Happens During a Pre-Trial Motions Hearing in Minnesota?
The pre-trial motions hearing is also known as the omnibus hearing. It occurs after the initial arraignment. It’s a pre-trial conference between the prosecution and defense team before the presiding judge. It’s held to discuss matters about legal motions and discovery procedures.
The court schedules a pre-trial session to allow the parties involved to discuss and resolve issues of interest in the case. If the two parties don’t reach a resolution or a plea deal, the judge will review probable cause.
Probable cause is a low standard of proof. The judge must weigh the evidence presented and decide whether a trial is necessary. The judge sets the trial date if there’s enough evidence for probable cause. The judge will also ensure that the prosecution has shared all evidence with the defense. The latter must reveal its planned legal motions and schedule the briefing timetable.
The Timeline for Filing Pre-Trial Motions
“What is the timeline for filing pre-trial motions?” That’s usually a concern for many criminal defendants who plead “not guilty” after the first court appearance. Minnesota law requires the defense to file pre-trial motions three days before the omnibus hearing. Omnibus hearings start 42 days following the first court appearance. If you had another court session, the omnibus hearing will be set 28 days after the last court hearing.
Key Motions That Can Shape the Outcome of Your Case
Your criminal defense attorney will focus on filing motions that can impact your case. They include:
Evidence Suppression Motions
Motions to suppress evidence are filed to compel the court to exclude certain evidence by the prosecution. Law enforcement officers may have obtained the evidence without a warrant or reading you your Miranda Rights. Your attorney may file a motion to suppress if any of the eligible circumstances apply to your case.
Motion to Dismiss
A motion to dismiss requests the court to drop criminal charges before trial. Winning the motion to dismiss is a great feat because you cannot accurately tell how long your criminal case will take. The court will grant the motion if your attorney presents sufficient evidence to support the dismissal request.
Your lawyer may file a motion to dismiss if the lawyer has compelling evidence that you did not commit the alleged crime. The lawyer may also bring this motion if the prosecution has inadequate evidence or violated your constitutional rights. The court also has the authority to dismiss a case. It can do so on its own motion or motion brought by the prosecutor.
A motion to dismiss can be an effective legal strategy if you are accused of a crime for acting in self-defense. This consideration still applies despite the Minnesota House of Representatives failing to pass a bill to adopt the “Stand Your Ground” rule. This bill sought to remove the long-standing “Duty to Retreat” law. The retreat law requires one to first consider getting away from the threat before resorting to the use of force.
A successful motion to dismiss based on self-defense under duty to retreat rule involves presenting evidence that:
- You were subjected to an imminent threat;
- Had a justifiable fear of serious bodily injuries or death;
- You observed your duty to retreat before using force;
- You used reasonable force.
Discovery Motions
Minnesota’s criminal law requires the prosecution and defense to correspond on various issues. This correspondence involves sharing pieces of evidence, documents, and other legal material related to the case.
Your lawyer can file a motion for discovery if the lawyer discovers that the prosecution has withheld crucial evidence. If granted, this motion obligates the prosecution to release that information. The prosecution may face sanctions if it violates the orders of the granted discovery motion.
Motion for Postponement
Either party can file a motion to postpone the pre-trial hearing or trial. There must be clear reasons to convince the judge to extend the trial date. The extended time allows the motion initiator to gather more evidence, secure new witnesses, and address new developments in the case.
Motion in Limine
The motion in limine is similar to the motion to suppress. The suppression motion is filed to request exclusion of specific evidence based on a breach of the legal principles for evidence collection. A motion in limine, on the other hand, seeks to prove evidence inadmissibility because it’s irrelevant or prejudicial. The motion can also prevent the admissibility of evidence that might unfairly influence the judge’s decision.
Challenging Bail
Sometimes, the judge may have imposed a huge bail amount. That’s a strategy to keep you in jail. A criminal defense lawyer can voice concerns about the excessive bail amount. Your lawyer may prove your community standing by calling a character witness to testify about your positive character traits. The objective is to convince the judge that you’re not a safety risk to the public.
Why Your Defense Attorney’s Strategy Matters at the Pre-Trial Stage
The outcome of your pre-trial motions hearing can make or break your case. You need an experienced lawyer who knows how to tackle the prosecution’s arguments. A seasoned attorney invests ample time and resources in the investigation, which is the first step in the criminal defense process. That allows the attorney to anticipate the prosecution’s plans and develop a stronger counter-strategy to undermine the prosecution’s case.
Your defense attorney’s strategy at the pre-trial stage matters because it:
Safeguards Your Constitutional Rights
Your attorney fights for your constitutional rights by filing relevant motions. The attorney will identify any legal violations committed by the prosecution. The attorney will then present strong evidence and arguments to prove breach of rights.
Gives You Control of the Case Narrative
Your attorney’s defense strategy can influence the judge’s and jury’s view of the case. Suppression motions and the motion in limine may disqualify some crucial evidence. A lawyer also highlights key weaknesses in the prosecution’s case. If well argued, pre-trial motions can weaken the jury’s view of the prosecution’s case.
Additionally, a motion to postpone the trial gives a defense lawyer ample time to gather crucial evidence. The lawyer may issue subpoenas, interrogate witnesses, and develop a narrative that bolsters your case.
Allows You to Negotiate a Suitable Plea Deal
Sometimes, the defense’s request for case dismissal may be challenging. Instead of exposing your vulnerability, a lawyer will find strong leverage to negotiate a favorable plea deal. The omnibus hearing allows the defense to evaluate the solidity of the evidence presented and how it could impact your trial. If heading to trial will do more harm than good, your attorney can help you reach a plea deal.
Keller Criminal Defense Attorneys has helped Minnesotans get favorable outcomes at the pre-trial motions hearings since 1997. Contact us for a free initial consultation. We are available 24 hours a day to address your legal issues.
