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Criminal Motions Hearing: What Should I Expect?

Knowing what to expect during criminal motions hearing is essential when preparing for your criminal case. It’s just as important as learning about the four categories of potential criminal defenses, knowing about the different stages of the court process, as well as being familiar with all the steps that make up the beginning of a criminal case.

The first step in preparing for criminal motions hearing should always be to consult and hire the most experienced criminal attorney in San Diego, CA who is affordable for you. Then, it’s time to take a closer look into what transpires during a criminal motions hearing. 

What happens at a criminal motions hearing?

When individuals are accused of felony offenses, there is a step during the criminal process called criminal motions hearing. This preliminary hearing is the time for the judge to reach the decision of whether the prosecution has provided enough evidence for the case to proceed to trial. 

It is paramount for you to have an experienced criminal defense lawyer at your side during the hearing. A skilled defense attorney can challenge the evidence presented by the prosecution and potentially have the charges against you dropped. Nevertheless, it’s wise to be familiar with the purpose of the criminal motions hearing.

What is the purpose behind a criminal motions hearing?

The reason for a criminal motions hearing is not for the judge to reach a decision concerning your guilt. The purpose is to ascertain whether or not the prosecution has ample evidence to justify going to trial, that is to decide if there is probable cause.

The job of the prosecutor during the criminal motions hearing is to present evidence and call forth witnesses to share their testimonies. The job of your criminal attorney is to challenge all the evidence and cross-examine every witness.

The length of the criminal motions hearings depends on the amount of evidence and the number of witnesses the prosecution presents. Sometimes, it can be over in as little as an hour, or it can last for several days. During criminal motions hearings, the judge can decide to:

• Decide there is sufficient evidence for the case to move forward.
• Determine insufficient evidence and entirely dismiss the case.
• Decide to reduce the felony to a misdemeanor in case of wobbler offenses.

What are pre-trial motions?

Pre-trial motions usually follow criminal motions hearing when the judge decides there is sufficient evidence for the charges to be raised and for the case to proceed to trial. This is the final step before the case goes to trial.

During pre-trial motions, the defense and the prosecution appear in front of a criminal court judge and present arguments concerning the inclusion or the exclusion of certain witnesses and evidence. Pre-trial motions have the purpose of setting boundaries for the trial, and allow both parties to adequately prepare for the upcoming trial.

Who is the most reputable and affordable criminal attorney in San Diego, CA?

Criminal motions hearing is one of the most important parts of the entire duration of a criminal case. You should be prepared for it, you should know what transpires during it, and you should have an experienced criminal lawyer at your side. Luckily, you can rely on Monder Criminal Lawyer Group. 

Vik Monder has worked long and hard to secure his reputation as the leading criminal defense attorney in all of San Diego. He has assembled a legal team of dedicated and experienced professionals who are here to help you through your legal troubles. We’re in the vicinity of the San Diego Air & Space Museum, so you can easily find us and stop by for a consultation. Reach out to us today!