Pre Trial Motions

Question: What is a pre-motion trial? Does the judge have the final say? My wife has filed a pre-trial motion which will require me to appear before a judge in Canton, Ma next Tuesday. The items to be determined are: 1.) Visitation 2.) Agreement with eachother that we do not leave the state with the kids without the others consent. 3.) Agreement with eachother that we do not leave the Country with the kids without the others consent. The thing is, we pretty much agree on visitation, the out of state agreement is a non issue as far as I'm concerned. My wife is trying to block me from going to Canada to visit my parents and my kids grandparents, but it is almost laughable. I am not by any means a flight risk and my wife knows this and Canada and Massachusetts have a reciprocity agreement anyhow. My parents are in their eighties by the way. a.) Why are we even going to court in the first place? b.) What will happen here?

Answer: "pretrial motion that requests the court to issue an interlocutory order which prevents an opposing party from introducing or referring to potentially irrelevant, prejudicial, or otherwise inadmissible evidence until the court has finally ruled on its admissibility" There ya go.

Question: Can a victim attend the attackers pre-trial motion? can a victim go ? to see if the attacker pleas or goes to trial?

Answer: Of course! The principal of open and public justice is a cornerstone of modern democracy. Court proceedings are closed to the public only under the most exceptional of circumstances. As a member of the public, the victim has a right to be present. Bear in mind that if the victim is also a witness, then they may be asked (along with all other witnesses) to leave the courtroom during certain phases of the proceedings, and especially while other witnesses are testifying about the same event, in order to prevent their testimony from being influenced.

Question: Can anyone tell me what "motions reserved to pre-trial including Quash & jurisdiction, pre-trial set 8.19.08? The court can't decide if this case is on Indian land or county or state. Does anyone know the answer to this question? Thanks!

Answer: Sounds like a docket entry indicating that certain motions will be decided at the pre-trial conference. If the court is having trouble deciding if the crime took place on indian land, then it may be that the defendant has not met his burden of providing the court with all the necessary information. A court is not an investigative agency and can only decide based on the evidence that the parties provide.

Question: how do you explain the pre-trial process and any motions you would file on behalf of your client?

Answer: I usually tell them what the motion is and why it is to his benefit that we file it.

Question: Was the order to deny a motion to exclude a valid issue in the pre-trial order, an interlocutory order? Was the order to deny a motion to exclude a valid issue in the pre-trial order, an interlocutory order? Can the defendant file a motion for reconsideration against that order?

Answer: Yes, it was an interlocutory order. Defendant can file a motion for reconsideration.

Question: Can a lawyer withdraw from a case 1 day before a pre-trial? Is this normal? Attorney sends you 3 letters informing you he wants to withdraw. First letter arrives the day before the pre-trial. Second letter arrives few days later. And the third letter arrives 2 days before the trial date. The third letter states his motion to withdraw and says the client is to appear before the judge, so lawyer can get off case. If the client misses the hearing, will a warrent be issued and sent to jail?

Answer: Assuming this is criminal, then the general answer to your question is yes. A lawyer withdraw for any number of reasons, including that he does not like you. The judge will probably allow this so long as your case is not severely prejudiced (e.g. it is the morning of trial). If you paid him, then getting the unspent money back is a civil matter between you and him, although he does have an ethical obligation to return your money. With respect to the warrant, yes you must be there, even if he is going to withdraw. You should always be at court unless your lawyer tells you explicitely that you do not need to be.

Question: how can the court resolve when the motion to exclude an issue that was raised during the pre-trial denied and? and defendant filed MR. defendant filed a motion for reconsideration, my lawyer opposed their motion, no ruling since, 100 days ago.

Answer: Unless there is some flaw in the judge's original decision, it should not be reconsidered. It should be an issue for appeal.

Question: what happens at a pre-trial custody hearing? my boyfriend is going to court today without his lawyer. his lawyer decided to let him know last minute that he is spending school vacation with his kids and he told my bf to go file a motion to have a hearing on another date because at a pre-trial nothing happens? i mean he is trying to get joint physical custody.what exactly happens during a pre-trial.is it long?

Answer: I think that the first thing your BF should do is fire that lawyer, because he's paying that lawyer to represent him...and the lawyer should have filed that motion himself. Your BF can tell the judge that the lawyer skipped out on him at the last minute, but I wouldn't want to do anything more than that in his shoes.

Question: Pre-trial hearings may be held for all but which of the following: a. Pleadings of the defendant b. Motions for change of venue c. Motions to suppress evidence d. Motions to accelerate a trial

Answer: motions to accelerate a trial.

Question: Making a motion for a stay of proceedings? - If a crime was committed and there was evidence that a crime was committed but no evidence as to who committed the crime. - The police arrested and charged the first person they suspected. - 4 months later (after that person had been charged) the prosecution had no evidence [not a statement from anyone or a single thing they could use in trial] > Would it be possible to make a pre-trial motion for a stay of proceedings or to make a motion to have the charges dismissed?

Answer: I'm no expert, but I believe you can make that request to the presiding judge. Though if there is no evidence whatsoever, I would suspect the latter would be more likely.

Question: If Jesus wouldn't support the death penalty, why do so many Christians? It's not even cheaper: "The death penalty is much more expensive than its closest alternative -- life imprisonment with no parole. Capital trials are longer and more expensive at every step than other murder trials. Pre-trial motions, expert witness investigations, jury selection, and the necessity for two trials -- one on guilt and one on sentencing -- make capital cases extremely costly, even before the appeals process begins. Guilty pleas are almost unheard of when the punishment is death. In addition, many of these trials result in a life sentence rather than the death penalty, so the state pays the cost of life imprisonment on top of the expensive trial." Well if you kill someone, they don't have the opportunity to accept Christ and salvation. Jesus preached love and forgiveness, not an eye for an eye. What right do we have to take away someone's life? I still don't get it. If all our sins are equal in the eyes of God, what makes it right for our society to kill others who have sinned? Isn't this a case where "Let the person among you who is without sin be the first to throw a stone" applies?

Answer: Excellent points. Like most topics, you can find Biblical evidence to support either side if you look hard enough. Shakespeare once wrote, “the devil can cite Scripture for his purpose.” It is true that there are many Bible passages (especially in the OT) that support capital punishment, often for relatively mild offenses: - Adultery (Leviticus 20:10) - Blasphemy (Leviticus 24:16) - Breaking the Sabbath (Exodus 31:14 & 15) - Disobedient children (Exodus 21:15 & 17; Leviticus 20:9) - Homosexuality (Leviticus 20:13) - Not being a virgin on your wedding night (but only if you're a woman - Deuteronomy 22:20-21) Some people cite Romans 13:1-7, which states that all governments are sanctioned by God, and if the government dictates something (like capital punishment), then it is God’s will [you could also use this passage to legitimize abortion]. I have YET to see a coherent reconciliation of this passage with governments like Hitler’s Germany, or Stalin’s Russia, or Pol Pot’s Cambodia, or any of the hundreds of others that were responsible for horrible atrocities throughout history? Governments are run by people, who are – inherently – imperfect. This is why the U.S. has a system of checks and balances, and why our laws are constantly changing (remember, there was a time when slavery was legal, when women couldn’t vote, when there were no child labor laws, etc.). This argument simply does not fly. The New Testament (starring Jesus) is primarily ANTI-death penalty. For example, in the Sermon on the Mount, Jesus praises mercy (Matthew 5:7) and rejects “an eye for an eye” (Matthew 5:38-39). James 4:12 says that GOD is the only one who can take a life in the name of justice. Romans 12:17-21 guides us not to answer evil with evil, because God will have the final word. In John 8:7, Jesus says, "let he who is without sin cast the first stone." There are many, many practical problems with capital punishment (some of which you mention), but purely from a moral standpoint, it is pretty clear that Jesus did not support it. True Christians shouldn't, either.

Question: how do you write a pre-trial evidence admission brief? i am doing a mock trial and i am needing to write a pretrial motion to have evidence admitted into trial can anyone help me? i am the prosecuting attorney and the defense is wanting to have testimony from the arresting officers as to the behavior exibited by the defendant.i will explain in an email the constitutionality issue and the case. the case is about a non-custodial parent (father) allegedly kidnapping his child from the custodial grandmother at a park. the evidence the defense wants to suppress is this: the officers receive a call of a 1 year old baby abandoned at a hotel. they get on scene, get a description of the vehicle and man and go on patrol. they see a vehicle matching the description given to them at the hotel. the vehicle ran through a red light at a high rate of speed. the police officers pulled the car over and ran the tags.and the liscence of the driver. it came back with an active warrant. they arrested him, mirandized him and placed him in the car. the defendant asked to speak to an attorney. enroute back to the station, the officers drove past the scene of the abandoned child and, acting on a hunch, the officer made a statement to the fact of " i hope that nothing has happened to the child.: at this time, the officers noticed erratic behavior in contrast to the behavior the defendant was exibiting prior to the comment made. the defense wants to suppress the statement about the behavior witnessed by the officers. the defense is oging to say that the initial comment made by the officer was interrogatory in nature and made to intentionally illicit a guilty-type response. i have case precedents where this type of evidence was admissible, but i do not know how to write the brief..... this is for a college mock trial in Constitutional Law in a Criminal Justice program. please email any serious answers of suggestions

Answer: google "pre-trial evidence admission brief"

Question: When do caselaws come into play? If we remain pro se I need to know when I can site the cases I've found. In a pre-trial motion, during the trial, only in closing statements?

Answer: Case law is usually only sited in written pleadings. You should hire an attorney if you can. You know what they say...someone who represents himself has a fool for a client.

Question: This afternoon I have a pre trial meeting with all the attorneys and my ex wife in regards the kids...? I have filed several motions in court including increased custody, it is about 70/30 in her favor and several contempt issues as well. A perfect example of my problems even though I send my support on a regular basis(three weeks at a time) the kids still tell me that their mom says I have all the money and I should buy them what they need. I love my kids and I do just that with no questions. I go to Old Navy etc. She has also taken them out of state on my visitation which is documented by police records. This is our first face to face meeting since the divorce a year ago. I am a very emotional person, but in a good way. I love my kids tremendously. Any advice on how to be calm during this meeting..........

Answer: fold your hands and pray..... look at the judge not your wife and let the attorneys do most of the talking, thats what you pay them for..... ask god to do the best for the kids, he always taks care of those in need... and is things dont go your way this time, dont worry... it sounds like she'll slip up again and then you might have more to go on. god bless And no matter what think of the children first, not your feellings

Question: pre trial conference? Ok so I have a civil suit aginst an old business partner that was stealing from the company, its for fraud, deriuvative action, breach of contract and one more thing. Anyway this case started in 2006 and in Januwary there was a motion to set andd certificate of readiness. the set and cert form says that there are 60 day to finish discovery, but from the day that form was file nothing occured, so its been longtime since I heard anything else. Today I check on line and it says pre trial conference. What is this about? Is it something I have to attend. I cant call my lawyer now bc I just noticed it and they are closed till tomorow. Does this mean its going to go to trial? Also the guy does not have a lawyer on the case. He had three previously but they all withdrew from the case. So is that a good sign?

Answer: pretrial is the time to discuss any deals you have up on the table and set a trial date. Read the person the charges (usually thats the second time they have heard it in court) and like i siad, give them time if they want to make a plea agreement. There isnt a trial set to that day. then the judge will set one.

Question: If n inmate is executed & later the prosecutor/ judge are guilty of misconduct should they be executed? READ THIS BEORE YOU ANSWER!!!!!!!!!!!!!!!!!!!!!!!!!Because the appeal system is not always based on actual evidence and in many cases personal politics or trends, should either a judge or prosecutor or both be tried for murder if it was determined and has been determined that the prosecutor presented a case to a grand jury for indictment if the evidence was not complete or more directly if the "whole truth was not presented", and if pre-trial motions presented were approved by the judge that would shed reasonable doubt on the prosecution's case? and show the defenses case to be more favorable???? Since the jury makes a decision on the evidence "presented" and do not get to rule on irrelavence they are handicapped and do not see "the whole truth" Also, this would apply to defense as well........

Answer: NO! Are you kidding? A judge cannot be running around in fear that his decisions might be the basis for a criminal charge. Who would ever be a judge then? Judges are required to make decisions based upon the evidence that comes before them, the law, and their wisdom and common sense. That's why they're judges. There are times when judges can be prosecuted -- if they take bribes or commit other criminal acts, for example. But what you're asking is, essentially, to charge judges with crimes if they make rulings that are (eventually) determined to be incorrect that would have let in exculpatory evidence. Then, in fear of their own lives or freedom, every judge would let in every piece of evidence proffered by a defense attorney, and capital cases would become absolute circuses. The reason we have judicial gatekeepers to determine relevance and other rules of evidence is to ensure that the jurors hear only proper evidence--that their minds aren't tainted by prejudicial evidence, unreliable evidence, or red herring evidence introduced solely to confuse or inflame the jurors. If you're so concerned about that, then you should allow BOTH sides to introduce whatever evidence they want. That could include information about the defendant's predilections, his character, some other acts, unreliable hearsay evidence, junk science, and gruesome details about the death that would just enrage the jurors to convict.

Question: My brother is charged with embezzlement in the Commonwealth Of Virginia...? He has went throuh the entire legal process (pre-trial motions, preliminary hearings) with a Public Defender. In his last meeting with his Public Defender, the PD stated blantly and in clear english "...we WILL lose this case..." or "we already lossed this case..." He said that the PD has completely given up and allows the Commonwealth Attorney to dictate what my brother (<--the PD client) is guilty of. How can your "laywer" give up on a client without even going to trial, the trial is set for around Thanksgiving. What are the steps for filing a motion for misrepresentation? He said all was good until the trial grew closer, what can my brother do so he does'nt just go to trial with a "laywer" who is not "FIGHTING" for his best interest, is this even legal? Any and all responses are needed. Thanks for your time and patience. my brother did not commit this crime!!!!!!

Answer: regardless if your brother did it or not he deserves a fair trial. So go to the office of the PD and ask to speak to someone about what your lawyer has said. Get a new lawyer, it may also be worth it to pay a defense atorny. Hope all goes well my friend

Question: Could you please help me with this? Thanks!? John Doe is an individual that left his country in an effort to make a better life for him. However, he does not have legal status in America and was recently arrested for shoplifting, which was valued over $1,000. Due to the large amount of monies involved, the crime is deemed a felony and John was arrested and placed in the county jail in Toms River, NJ. He is going to face the judge in the Ocean County Superior Court; however, he has no money for bail. Please address the following questions and provide what John is afforded in terms of rights under our system of justice. 1. Upon John’s arrest, he began to make incriminating statements to the arresting officers. Since he was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? 2. After being processed, John was taken to the county jail. Procedurally, what actions were the correctional officials required taking at that time? 3. After failing to make bail, John was brought before the county judge. What actions are taken by the Court at this time? 4. After entering a plea of not guilty, a trial date was set and John was remanded back to the county jail. Prior to the trial date, name the specific steps of the judicial process. Be sure to include and discuss the voir dire process and any pre trial motions that may arise. 5. Discuss in detail the parts to the criminal trial. Be sure to include the duties of the prosecutor and defense counsel. What is the role of the prosecutor should exculpatory evidence come to light? I really need your help with this, Thanks for your help and responses!

Answer: 1) the police had to give Miranda rights to John during the arrest (telling him about how anything he says can be used against him and he can be given a lawyer free if he cant afford one, etc). And the police have to get John to make a written statement about what he is admitting to and he has to sign his statement. Also if he doesnt speak english they need someone to translate and things should be written in his native language. 2) The COs just have to check to make sure they have the right person and bring him to the jail and process him (make him change clothes and such) 3) The court will read what John is charged with and will ask him how he pleads (guilty or not guilty). He will be assigned a lawyer if he doesnt have one. A trial date will be set or a sentencing date will be set if he pleads guilty. 4) You have to look that up yourself. Dont know all of those. 5) The prosecutor needs to provide physical or witness testimony evidence to the court of the crime John is charged with. The defense has to come up with ways to argue or discredit what the prosecutors case is. And they have to have a defense strategy.

Question: If an inmate is facing the death penalty for 46 months trial date continued indefinitely? How can the inmate possibly have any rights of speedy trial, due process? Especially when this pre-trial unsentenced indigent is in the SMU unit where mail is withheld books are unavailable and he is not attending court proceedings. He asked for a change of counsel, and made motion to represent himself pro per. It was denied without his presence. Why isn't something being done to expedite justice for this person?

Answer: I've gotta call you on this one... If he's facing the death penalty, why is he in a rush? If he's found guilty of anything, he'll be spending time in a real jail, as opposed to the SMU. and if he's facing the death penalty, every day the court delays is another day he gets to live. Does this person believe he is going to be found innocent and released?

Question: what is the meaning of Pre-Probation application. Does it mean the person will be put on probation or sentenc My daughter was found guilty of a class x felony. A motion for re-trial was was filed before the 30 days required by law. The sentence was put off until a pre-probation officer do a report for judge. Does that mean she will be put on probation?

Answer: As stated, a Pre-Sentence Investigation Report is going to be prepared before her next court date. I have written over 100 of these, easily. Basically, it is a mini-biography about the defendant. It also summarizes the states version. And, sometimes it will include the defendant's version of events as well as victim statements. It will cover her family history, substance abuse history, physical health (and any mental health issues), school records, past criminal history, a small blurb about any co-defendants, and many other things. Depending on the Judge - a recommendation as to whether or not the defendant would be a good candidate for probation is sometimes made at the end. Some judges do not want such a recommendation, so that is not always put at the end. It takes time to get all of this together and to write the PSI. On average, it takes me 3-10 hours to do the actual writing (after all the information has been gathered), depending on the complexity of the situations. When you start getting into someone with tons and tons of mental health records, it can take a very long time. As the probation department has to meet with your daughter (to do a interview) and request a bunch of records, that is why there is a reset. Also, the person who writes these for the probation department may have several other PSIs being worked on. I remember that on one particular day, I personally was assigned 19 of them at the same time!! And, as they were all assigned on the same day, they all were also due at the same time. I'm glad I no longer do that fulltime.