Also known as: pretrial motions · pre trial motions · pretrial motion · pre-trial motion · pre trial motion
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device by which a party in a criminal case raises any defense, objection, or request that the court can determine without a trial on the merits. Certain defenses and objections must be raised by pretrial motion if the basis is reasonably available and the motion can be decided without a trial. The court sets deadlines for such motions and must decide them before trial absent good cause to defer.
Pavel Petrov was indicted for assault. After discovery closed and an unfavorable plea offer arrived, his counsel filed a written notice asserting an insanity defense based on recent hospitalization records. The government moved to preclude the defense. The court found no good cause for the late filing and barred reliance on the insanity defense at trial.
Preston Pratt and his codefendants faced multiple conspiracy charges. Defense counsel filed a pretrial motion arguing the indictment failed to allege the required agreement and overt acts. The court heard the motion at the scheduled hearing and dismissed two counts while allowing the remaining charges to proceed to trial.
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Priscilla Parks was charged under a statute alleged to violate the First Amendment. Her counsel filed a pretrial motion to quash the indictment on constitutional grounds. The trial court denied the motion, the case proceeded to trial, and the denial formed the basis for appellate review after conviction.
Patrick Phan moved before trial to exclude his statement to police on the ground that it was involuntary. The court held a hearing, made findings on the record, and granted the motion in part, suppressing portions of the statement while admitting others at trial.
Pilar Pena faced new charges after an earlier prosecution ended in acquittal. Counsel filed a pretrial motion to dismiss on double jeopardy grounds. The trial court denied the motion, and the denial was immediately appealable under the collateral order doctrine.
Paige Porter filed a pretrial motion requesting to proceed pro se with standby counsel. The court conducted a hearing, found a valid waiver of counsel, granted the motion, and appointed standby counsel to assist without interfering in the defense presentation at trial.
A defendant who intends to assert an insanity defense must notify the government in writing within the time provided for filing a pretrial motion or at any later time the court sets. Failure to provide timely notice bars reliance on the defense unless the court finds good cause for a late filing.
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Defenses, objections, and requests that the court can determine without a trial on the merits must be raised by pretrial motion if the basis is then reasonably available. This includes claims that the indictment fails to state an offense or that the court lacks jurisdiction.
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With the consent of the court and the government, a defendant may enter a conditional plea of guilty or nolo contendere that reserves the right to appellate review of an adverse ruling on a specified pretrial motion. If the defendant prevails on appeal, the plea may be withdrawn.
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The court must decide every pretrial motion before trial unless it finds good cause to defer a ruling. The court may not defer if deferral would adversely affect a party's right to appeal, and it must state essential findings on the record when factual issues are involved.
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…respondent for kidnaping and murder and appointed an experienced criminal lawyer to represent him. Counsel actively pursued pretrial motions and discovery. He cut his efforts short, however, and he experienced a sense of hopelessness about the case, when he learned that, against his specific advice, respondent had also confessed…