Badge - Avvo Rating 10, Superb
Badge - Natitonal Association of Criminal Defense Lawyers
Expertise badge
Badge - Avvo Rating, Top Attorney
Expertise Best Criminal Defense Attorneys in St. Petersburg
The National Trial Lawyers Top 100

Pre-Trial Motions

Consult a Sarasota Criminal Defense Attorney Today to Learn What Motions Might Apply to Your Case

Pre-trial motions are one of the most complex and nuanced aspects of criminal law. When most of us think of criminal law, we think of the police investigations and glamorized trials that are blasted over the TV. While trials sometimes get all of the attention, pre-trial motions are where cases can be won and lost. Motions to exclude damning evidence, to compel helpful evidence, or to dismiss charges, are just a few of the potential pre-trial motions a skilled attorney can file on your behalf. Hiring a Sarasota criminal defense lawyer with experience drafting and arguing all manner of pre-trial motions can be essential to the success of your case.

Motions to Suppress

If you are charged with a crime, it is possible that the police searched you or your property in order to collect evidence against you. In order to conduct a search, police are typically required to obtain a warrant unless some exception exists. Some common exceptions include consent to search, search incident to an arrest, or exigent circumstances where police conduct a search if it appears that evidence will be destroyed if they do not act quickly. The Constitution of the United States and the State of Florida, however; protect us all from “unreasonable searches and seizures.”

Police will often do whatever it takes to avoid having to apply for a search warrant. A vast majority of searches are now conducted under a warrant exception. Police are not lawyers though, and very often make mistakes when conducting these types of searches. An observant lawyer will be able to recognized these situations and may be able to file a motion to suppress evidence that was illegally collected.

Opportunities for motions to suppress often arise in cases where someone’s vehicle is searched. If you were pulled over illegally or if your car was searched unlawfully, any evidence collected from that search might be excluded from use at trial. The Constitution also ensures you the right to remain silent and the right to counsel. If police violate any of these rights when performing an investigation, a dedicated Sarasota criminal defense lawyer will be able to identify the constitutional violations and file the appropriate motions to suppress.

Motions to Dismiss

In some circumstances, you may be able to file a motion to dismiss your case. The Constitution protects us from being tried multiple times for the same offense. If you have been charged wit ha crime that you have already been tried for, you may be entitled to a dismissal of your case through “Double Jeopardy.” You may also be able to assert a motion to suppress if the prosecution does not bring you to trial within a required period of time such as the statute of limitations. We also have a constitution right to a speedy trial. If you choose not to waive your speedy trial right, and the prosecution fails to bring you to trial within the speedy trial time period, your lawyer may be able to file a motion to dismiss the charges.

The most common and most effective motion to dismiss is known as the C4 motion. The name derives from Florida Rule of Criminal Procedure 3.190(c)(4). C4 motions are often filed in complex cases where the line between what is and is not a crime is blurred. If both the defense and the prosecution agree on all of the relevant facts in a case, but disagree about the law, a C4 motion will be appropriate. At a motion to dismiss on a C4 motion, the judge will decide whether or not the agreed upon facts of a case constitute a criminal offense. Through this type of motion, a skilled Sarasota criminal defense lawyer might be able to get your case dismissed prior to a trial.

Speak to a Sarasota Criminal Defense Attorney Today

Retaining a well-rounded criminal defense lawyer is one of the most important steps you can take to ensure a positive result for your criminal case. The lawyers at Hanlon law have a wealth of experience filing and arguing all types of pre-trial motions. If you or a family member is charged with a crime, call us today at 941.462.1789.

Client Reviews
As a practicing attorney, I was shocked to hear that a family member of mine was alleged to have committed a sex crime. Knowing full well the consequences this type of allegation can have on anyone and their future, I immediately reached out to William Hanlon for help... Jerry
Was on the ball. Remembered names, events, places, situations. Never need to re explain the situation. Keeps in touch through out the entire experience and keeps you feeling safe, comforted and protected. Fights hard. Worth every single penny. Would never settle for anything less than Will. Carrie
I was facing a charge that if convicted would carry two years in prison minimally. Not only was he empathetic and listening to what I had to say but he arranged with the prosecutor for my charges not to be filed under terms of a pre trial investigation. Would highly recommend. Alec
I am very happy for what he did for me. Always there when I needed him. Explained everything well. He Fights for his clients. He got me what I needed. Hes an excellent lawyer. Mutaz
Mr. Hanlon did what no other lawyer could do. Not only did he turn my criminal history into a thing of the past so I could move on, he was a loyal associate. No matter how bad the situation is, he has miraculously cleared me on every charge since he became my lawyer 5 years ago. I have the best lawyer that the legal system has to offer. I have had other really good lawyers try to get my business, but I know that no one can do a better job than William Hanlon. Jesse