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The Pretrial Process

A trial can certainly cause a lot of financial strain and mental and emotional anguish. Thankfully there are other avenues other than trial and motions that may make a trial unnecessary. Before an accused goes to trial there are several ways to preempt the trial altogether. These can often save time and money for the accused and prevent the emotional and mental stress of trial. Among these are negotiations and pretrial motions. It is important to focus on these aspects of the trial process as well because they could, in fact, be the best option for your trial strategy.

Negotiations

At any time before trial and sometimes even during it, the prosecutor and the defense counsel may come to an agreement about the outcome. Many factors are examined when determining whether a negotiated deal is the best option. For many of those accused there are particular aspects of their punishment that may cause them worry, including jail time, fines, or even the loss of their security clearance. All of these are dependent upon the particular circumstances of the accused. A prosecutor may agree to lower the sentence or not bring certain charges if the accused pleads to other charges. You can be put into a better negotiation position by having the attorney fully understand the pros and cons of the case and what aspects are the most important to you.

Even during trial the two attorneys, and the accused, may be able to reach an agreement between them. No one can ever fully predict what can happen at trial and it may be in the best interest of either party to settle the case after certain facts come to light or after testimony is provided.

Pretrial Motions

Before the trial, the attorneys will have several pretrial motions. A judge will hear and rule on these motions, which typically address what evidence can be presented at trial such as testimony or physical evidence There are also suppression motions which will attempt to suppress evidence based on violations of the accused’s Constitutional rights. A suppression motion may arise due to an unlawful entry by police into a home, with the attorney requesting a suppression of the evidence gained due to that search. They may also argue that an officer did not possess the requisite reasonable suspicion or probable cause to stop a car or a person, or an improper search or detention.

Pretrial motions will also include the types of evidence that may be heard and whether or not certain evidence may be privileged. Certain privileges may include attorney/client privileges or spousal privileges. The attorneys will argue for or against the motions using relevant case law and precedent. If your attorney wins one of these motions, a trial may not have to occur.

At Simms Showers in Leesburg, we try to obtain the best outcome for you. That may include accepting an offer from the prosecutor or attacking certain parts of the stop. We work with our clients to find the best possible strategy for their specific circumstances. Contact us today for help.

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