Pre Trial Defenses an Introduction

Pre-trial defenses are legal strategies used by defendants and their attorneys before the trial begins, aimed at either dismissing the charges or limiting the scope of the prosecution’s case. These defenses can be procedural or substantive, targeting flaws in how the case was brought, how evidence was gathered, or questioning whether the prosecution has enough to proceed to trial. Below is an overview of some common pre-trial defenses:

1. Motion to Dismiss

A motion to dismiss seeks to have the case thrown out before it reaches trial. Common grounds include:

• Lack of jurisdiction: The court does not have authority over the defendant or the subject matter.
• Statute of limitations: The time limit for bringing the charges has expired.
• Double jeopardy: The defendant has already been tried for the same offense.
• Failure to state a claim: Even if the facts alleged by the prosecution are true, they do not constitute a crime.

2. Motion to Suppress Evidence

A motion to suppress evidence argues that certain evidence should not be allowed at trial because it was obtained illegally, often in violation of constitutional rights. The most common example is a Fourth Amendment violation (unlawful search and seizure).

• Exclusionary rule: If the evidence was obtained in violation of the defendant’s rights, it can be excluded from the trial.
• Fruit of the poisonous tree: Evidence derived from an illegal search or interrogation may also be inadmissible.

3. Alibi

An alibi defense asserts that the defendant was elsewhere when the alleged crime took place, making it impossible for them to have committed the offense.

4. Insufficient Evidence

The defense may argue that the prosecution has insufficient evidence to proceed to trial. This might be raised in a motion for a directed verdict (in some jurisdictions) or used to challenge the case during preliminary hearings.

5. Immunity

Defendants may argue that they are immune from prosecution, either due to diplomatic immunity, prosecutorial immunity, or because they were granted immunity in exchange for cooperation with law enforcement.

6. Constitutional Defenses

Defendants can argue that their rights under the U.S. Constitution were violated, leading to a dismissal or suppression of evidence. Examples include:

• Fifth Amendment (right against self-incrimination)
• Sixth Amendment (right to a speedy trial, right to confront witnesses)
• Fourteenth Amendment (due process and equal protection)

7. Entrapment

Entrapment occurs when law enforcement induces someone to commit a crime they would not otherwise have committed. If successful, this defense can lead to the dismissal of charges.

8. Pre-Trial Diversion Programs

Some jurisdictions offer pre-trial diversion programs for first-time or low-level offenders, where the defendant can avoid prosecution by completing a rehabilitation program or fulfilling other court-ordered conditions.

9. Plea Bargains

While not technically a “defense,” a plea bargain is often a strategy used to avoid trial. The defendant may agree to plead guilty to a lesser charge in exchange for reduced penalties or a dismissal of more serious charges.

10. Selective Prosecution

The defense may argue that the the defendant is experiencing selective prosecution based on an improper criterion such as race, religion, or political affiliation. If proven, it can result in the dismissal of charges.

11. Lack of Competence

If the defendant is mentally incompetent, they may argue that they are unable to stand trial. A competency hearing can be requested, and if the defendant is found incompetent, the trial is delayed or dismissed.

12. Challenge to the Indictment or Information

• A defendant may challenge the indictment (issued by a grand jury) or the information (issued by a prosecutor) if there are procedural errors or if it fails to provide adequate notice of the charges.

Pre-trial defenses can drastically alter the course of a case, either resulting in dismissal or significantly limiting the prosecution’s evidence and arguments. A well-prepared pre-trial defense strategy by criminal defense attorney Nate Crowley is crucial for protecting the rights of the accused and setting the stage for a fair trial.

Know Your Pre-Trial Defense Optons! Call Criminal Federal Defense Lawyer Nate Crowley.

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