Before a criminal case reaches trial, the state and defense must resolve various issues through various pretrial motions. In serious felony prosecutions, pretrial motions may allow a St. Louis criminal defense lawyer to challenge aspects of the prosecution’s case, weakening the state’s position and giving their client a better chance to negotiate a plea deal or a greater chance of success at trial.

Understanding the Role of Pretrial Motions in Missouri Felony Cases

Pretrial motions in Missouri felony cases involve any motions that the state or the defense files from the arraignment or initial appearance to the start of trial. Pretrial motions serve various functions, including resolving discovery disputes between the parties, shaping the scope of evidence, and testing the sufficiency of the prosecution’s case. Hiring legal counsel early during a felony prosecution will allow your attorney to develop a comprehensive case strategy that uses pretrial motions to weaken the prosecution’s case and bolster your defense.

Motions Challenging the Legality of the Investigation

Many defense pretrial motions challenge the legality of the police’s investigation to request the exclusion of evidence or statements that officers may have obtained by violating the defendant’s rights, such as in an illegal search, a search based on an invalid warrant, an interrogation where the police failed to advise the defendant of their rights, or a confession coerced by officers. Suppressing evidence from the prosecution’s case can leave the state with deficiencies that render it unable to meet its burden of proof.

Discovery and Evidence-Based Pretrial Motions

Pretrial motions may also seek to resolve discovery disputes between the parties, especially claims by the defense that alleged prosecutors have failed to turn over evidence or have withheld exculpatory or impeachment evidence. Parties may also seek court orders directing the opposing side to preserve specific evidence to prevent spoliation. When the defense files discovery motions, they can secure evidence that weakens a part of the state’s theory of the case.

Motions to Exclude or Limit Trial Evidence

Parties may also file pretrial motions to exclude or limit evidence that the other side intends to present at trial. For example, a defendant may seek to exclude evidence from the prosecution’s case on the grounds of irrelevance or unreliability. A defendant may argue that the state used unreliable testing methods for forensic evidence, or propose to use prior bad acts evidence (evidence of the defendant’s prior or uncharged misconduct) for the improper purpose of suggesting that the defendant committed the charged crime because they have a propensity to commit bad acts.

Parties may also seek to exclude or limit expert testimony on various grounds, such as:

• The expert proposes to opine on an ultimate issue of guilt, which the jury alone must decide
• The expert lacks the necessary qualifications to offer their proposed opinion(s)
• The expert’s methodology for deriving their opinion lacks sufficient reliability
• The expert’s testimony would improperly bolster the credibility of a fact witness

Motions to Dismiss Charges

Finally, defendants may file motions to dismiss their charges to test the sufficiency of the prosecution’s case. The state must have sufficient evidence to establish probable cause to proceed to trial. Motions to dismiss may also contest the court’s jurisdiction, such as by arguing that the crime occurred in another district, the statute of limitations for the crime has expired, or the state has delayed the trial in violation of the defendant’s constitutional right to a speedy trial.

Contact Our Firm Today

If you’re facing prosecution for a significant felony, various pretrial motions can help strengthen your case and put you in a better position to negotiate a plea agreement or fight your charges at trial. Contact Frank & Juengel Law Group P.C. today for a free phone consultation with a knowledgeable St. Louis defense attorney to learn more about the role that pretrial motions can play in your legal strategy.