Pretrial Trial Defense

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Pretrial Defense Motions By: Rebecca Taylor Pretrial hearings take place after a defendant has had a preliminary hearing or a grand jury indictment. A defense attorney uses pretrial hearings to set boundaries on the prosecution during the trial stage. What evidence can be used, the types of arguments that can be made, and what witnesses may appear to testify ends up being based on what pretrial motions are made and whether they are permitted or rejected. There are a multitude of motions that a defense attorney may file, and a couple possible motions that a defense might propose during pretrial hearings are motions to suppress, motions in limine, and discovery of evidence. Motions to Suppress The most commonly used defense motion…show more content…
These motions are used to prevent prejudicial and possibly inadmissible or irrelevant evidence from being presented before the jury. In Georgia, if a motion in limine is denied by the court, then there is “no reason for another objection at trial in order to preserve the denial of the motion on appeal” as “[a]ll the purposes of an objection have already been fulfilled by the proceedings on the motion in limine.” [Harley Davidson v. Daniel, 224 Ga. 284, 286, 260 S.E.2d 20 (1979)] Basically, that means that if a motion in limine is denied, then a defense attorney does not have to make further objection during trial upon the presentation of the arguable evidence for the purpose of later…show more content…
Such evidence could include scientific testing that was performed by the government, crime scene photographs, or statements given to the police or the prosecutor by witnesses. Sometimes, the prosecutor may not want to share specific evidence with the defendant before the case goes to trial, and the court must decide whether or not the prosecution is right to withhold the evidence from the defense. If there is resistance in the contribution of evidence, it is the defense’s burden to prove that the evidence is pertinent to the preparation of their case. Also, if the prosecution is willing to share their evidence with the defense, the defense must also be willing to provide the prosecution with the defense’s evidence. In the case that they are not willing to collaborate with the prosecution, the defense is not permitted access to the requested evidence. In an example of discovery of evidence, Brady v. Maryland (1963), Brady and his acquaintance Boblit were prosecuted for murder. Though the prosecution had a written statement from Boblit, in which he admitted that he alone had killed the victim, they had convicted Brady for the crime as well. The Maryland Court of Appeals found that withholding evidence that is pertinent either to a person’s guilt or to their punishment violates due process
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