Kingsville Pretrial Criminal Defense Lawyer
Between arraignment and trial, the judge may hold “pretrial hearings” to decide some matters. This is the time when so-called “technicalities” may be argued by lawyers.
Many matters may be argued at trial while the full jury and all witnesses wait, potentially delaying the trial while complex legal arguments and facts are argued, giving reason for a separate hearing with only lawyers and certain witnesses participating.
Pretrial hearings can make jury trials run more smoothly and even prevent some trials from happening.
For example, a judge can hold a pretrial hearing to decide whether to throw out evidence police obtained illegally, perhaps because the police made an arrest without probable cause.
Illegally obtained evidence should not be heard by the jury, so the judge must determine whether evidence was illegally obtained before it can be allowed in front of the jury.
Another important function of pretrial hearings is “discovery”, a process in which the judge can order the prosecutor to give evidence to the accused.
Generally, a judge is not required to routinely set pretrial hearings, but most do. Some judges set deadlines to file pretrial motions in every case, while others require the prosecutor or defense attorney to initiate hearings when needed.
Pretrial hearings can also set ground rules for trial, such as determining whether a witness must appear or whether witnesses can say certain words.
There is no end to what may be considered in a pretrial hearing. It depends only upon the originality of the attorneys and the willingness of a judge to hear the argument.
If you need a criminal defense attorney for your pretrial in Kingsville, Kleberg County, Nueces County or the surrounding areas, contact us today.