Pre-Trial Motions and Hearings
Depending upon the how an arrest was made, how evidence was handled and the particular
allegations in a case, a defendant may have certain viable pre-trial motions
that ought be made. This may include a motion to dismiss the case because
the factual allegations are insufficient. This may also include motions to suppress
(keep out of trial evidence) statements, an identification, or physical evidence. Statements
may be suppressed if they were made while the defendant was in custody and was
interrogated without having been read his so-called Miranda rights.
An identification can be suppressed if the identification procedure was unduly
suggestive; an identification can include a lineup, show-up, or photo array. Physical
evidence can be suppressed if the search and seizure of the evidence was improper. A
defendant may also make a motion to preclude mention during the trial of prior
convictions or other conduct.
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