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Pre-Trial Motions

Pre-trial motions are an essential aspect of criminal cases in Florida. They are the first stage in the process of a criminal trial and can have a significant impact on the outcome of the case. The attorneys at Hanlon Law know how to use pre-trial motions in favor of our clients. We defend our clients throughout this process in order to dismiss a charge and have a favorable outcome. 


Definitions and Types of Pre-Trial Motions 


Pre-trial motions are motions filed by either the prosecution or the defense before a trial begins. These motions are used to address legal issues that need to be resolved before the trial. They can also be used to suppress evidence or to dismiss the charges against the defendant. The purpose of pre-trial motions is to narrow the scope of the trial and to address any legal issues that may arise during the trial.


There are several types of pre-trial motions that can be filed in Florida. The most common pre-trial motions include:


  1. Motion to Dismiss: This motion is filed by the defense and asks the court to dismiss the charges against the defendant. The motion can be filed for several reasons, including lack of probable cause, improper charging, or violation of the defendant’s constitutional rights.
  2. Motion for Discovery: This motion is filed by the defense and asks the prosecution to provide any evidence they have against the defendant. The purpose of this motion is to allow the defense to prepare for trial and to ensure that they have all the evidence they need to mount a proper defense.
  3. Motion to Suppress Evidence: This motion is filed by the defense and asks the court to exclude certain evidence from being presented at trial. The motion can be filed for several reasons, including improper search and seizure or violation of the defendant’s Miranda rights.
  4. Motion for Continuance: This motion is filed by either the prosecution or the defense and asks the court to delay the trial. The motion can be filed for several reasons, including the need for more time to prepare for trial or the unavailability of a key witness.
  5. Motion to Change Venue: This motion is filed by either the prosecution or the defense and asks the court to move the trial to a different location. The motion can be filed for several reasons, including concerns about pretrial publicity or the inability to select an impartial jury.


Pre-trial motions are an essential aspect of criminal trials in Florida because they can have a significant impact on the outcome of the case. For example, a successful motion to suppress evidence could result in key evidence being excluded from trial, making it much more difficult for the prosecution to prove their case. Similarly, a successful motion to dismiss could result in the charges being dropped entirely, resulting in the defendant’s release.


It is important to note that pre-trial motions must be filed in a timely manner. The rules governing pre-trial motions in Florida require that they be filed within a certain time frame before the trial begins. Failure to file a pre-trial motion within the required time frame can result in the motion being denied by the court.


In addition to the types of pre-trial motions listed above, there are also several procedural requirements that must be followed when filing a pre-trial motion in Florida. For example, the motion must be in writing and must contain specific information, such as the legal basis for the motion and the relief being sought. Failure to follow these procedural requirements can result in the motion being dismissed by the court.


Contact a Kissimmee Criminal Defense Lawyer Today 


Pre-trial motions are a foundation of criminal trials in Florida. They are used to address legal issues that need to be resolved before the trial and can have a significant impact on the outcome of the case. If you are facing criminal charges in Florida, it is important to work with an experienced criminal defense attorney who can help you navigate the pre-trial motion process and ensure that your rights are protected. The lawyers at Hanlon Law are extremely familiar with filing and arguing Kissimmee pre-trial motions. We know how to advocate for our clients inside and outside the courtroom. 

If you are in need of a criminal defense lawyer in the Kissimmee Florida area, contact the attorneys at Hanlon Law today.

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