Navigating Pre-Trial Motions in Texas – Wilkerson & Campbell Law

Pre-trial motions are pivotal in shaping the trajectory of a criminal case in Texas. At Wilkerson & Campbell, we leverage these motions to protect our clients’ rights, challenge prosecutorial evidence, and lay the groundwork for a robust defense.

Understanding Pre-Trial Motions in Texas

Under Article 28.01 of the Texas Code of Criminal Procedure, courts may schedule pre-trial hearings to address various legal matters before the commencement of a trial. These hearings aim to resolve issues that could influence the trial’s outcome, ensuring a fair and efficient judicial process. (Texas Municipal Courts Education Center)

Common Pre-Trial Motions

Our attorneys routinely file and contest several types of pre-trial motions, including:

• Motion to Suppress Evidence: Challenges the admissibility of evidence obtained in violation of constitutional rights, such as unlawful searches or seizures.

• Motion to Dismiss: Seeks to terminate the case due to insufficient evidence, procedural errors, or violations of the defendant’s rights.

• Motion for Discovery: Requests access to the prosecution’s evidence, including witness lists and forensic reports, to prepare an effective defense.

• Motion for Continuance: Asks the court to postpone proceedings to allow additional time for case preparation or unforeseen circumstances.

• Motion for Change of Venue: Proposes relocating the trial to a different jurisdiction to ensure impartiality, especially in cases with extensive pre-trial publicity.

• Motion in Limine: Aims to exclude specific evidence or testimony from being presented to the jury, preventing potential prejudice.

Timing and Deadlines

In Texas, pre-trial motions must generally be filed at least seven days before the scheduled pre-trial hearing. However, courts may permit later filings if good cause is demonstrated. (Broden, Mickelsen LLP)

Importance of Pre-Trial Motions

Effectively utilizing pre-trial motions can:

• Strengthen the defense by excluding inadmissible or prejudicial evidence.

• Clarify legal and procedural issues before trial.

• Facilitate plea negotiations by highlighting weaknesses in the prosecution’s case.

• Ensure the defendant’s rights are upheld throughout the legal process.

Our Approach at Wilkerson & Campbell

Our legal team meticulously evaluates each case to determine the most strategic pre-trial motions to file. We aim to:

• Identify and challenge any constitutional violations.

• Secure access to all pertinent evidence through discovery motions.

• Advocate for fair trial conditions, including impartial venues and juries.

• Negotiate favorable outcomes based on the strengths revealed during pre-trial proceedings.

Take the Next Step

If you’re facing criminal charges in Texas, proactive legal representation is crucial. Contact Wilkerson & Campbell at 844-849-9789 to schedule a consultation. Our experienced attorneys are committed to defending your rights and guiding you through every phase of the legal process.