Wednesday, March 7, 2012

PRE-TRIAL PROCESS

The court may set any criminal case for a pre-trial hearing before it is set for trial.

A pre-trial is a meeting with the state’s attorney and the defendant and/or his or her attorney to determine the following:

Ø  Any motions that the defendant or defendant’s attorney wants to file.

v  Motion of discovery (any facts and information about the case)
v  Motion for continuance (to set another trial date)
v  Motion to suppress evidence (to keep secret, to keep from revealing to a jury)
v  Motion for appointment of interpreter, if needed
v  The exceptions to the form or substance of the complaint (defendants in municipal court may file a motion that says there is a problem with the form or substance of the complaint)

Ø  The pre-trial is used to try to resolve the case in a way that is agreeable to both the defendant and the court, whenever possible.  The pre-trial process, however, should not be used as a tool to thwart a defendant’s effort at obtaining a trial before the court.

No comments:

Post a Comment