Pretrial motions are common in misdemeanor and felony cases in Fresno County. The most common pretrial motion is a motion to suppress evidence because it is in violation of the defendant’s constitutional rights.
A motion to suppress is a written brief that objects to the evidence because it was illegally obtained. In driving under the influence cases, it is common to challenge the stop, the arrest, and any confessions the defendant may have made without the benefit of Miranda. Once the motion has been filed, a hearing is held where the prosecutor is required to put on evidence showing that the defendant’s rights were not violated. Defense counsel is entitled to cross-examine and also have defense witnesses testify. Once the evidence is heard, each party will have an opportunity to make their respective arguments and the judge will make a decision as to whether the defendant's constitutional rights were violated.
Please let me know if I can help you with questions involving pretrial motions in criminal cases. Call me at (559) 447-1240.
