Pretrial motions in criminal prosecutions are generally documents filed with the court requesting the court take some action before the trial of the case. In some cases the judge will hold a hearing in court to determine whether to grant or deny a pretrial motion. During the hearing the court will (1) hear evidence introduced by the defendant and by the government/prosecution (for some motions) and (2) hear argument from the defendant’s attorney and from the prosecutor.
Common pretrial motions include:
• Motion to change venue. A motion to change venue requests the court transfer the case to another county in the state (or in federal court, to another federal court district) because the defendant cannot get a fair trial in the location where the case was filed due to local prejudice and pretrial publicity.
• Motion to suppress. A motion to suppress evidence asks the court to rule that a piece of evidence—such as a weapon or other object or a statement made by the defendant to the police or otherwise—was illegally obtained and is not admissible in evidence against the defendant.
• Motion to dismiss. A motion to dismiss asks the court to dismiss some or all of the charges against the defendant and may be based on (1) the violation of a Constitutional right such as the defendant’s Sixth Amendment “right to a speedy and public trial”; (2) a lack of sufficient evidence to support the charges; or (3) a challenge to the Constitutionality of a statute the defendant is charged with violating.
• Motion to modify bail. A motion to modify bail may be filed (1) by the defendant to ask the court to lower the amount of bail the defendant must post to be released from jail while awaiting trial, or (2) by the government/prosecution to increase the amount of the bail the defendant must post to be released or to remain free on bail/bond while awaiting trial. The government/prosecution may also file a motion to revoke the defendant’s bail and return the defendant to jail or prison while awaiting trial if the government/prosecution believes the defendant has violated the terms of the bail set by the judge.
• Discovery motion. A discovery motion asks the court to order the government/prosecution to turn over or make available to the defendant evidence that may help establish the defendant’s innocence, reduce a potential sentence, or affect the credibility of a witness. This exculpatory evidence is also known as Brady evidence or Brady material—named after the U.S. Supreme Court decision of Brady v. Maryland, 373 U.S. 83 (1963) that established the rule.
• Motion to disclose the identity of an informant. A motion to disclose the identity of a confidential informant may be filed by the defendant to help the defendant attack the credibility and motives of the informant and discredit the informant’s testimony against the defendant.
• Motion in limine. A motion in limine is a pretrial motion that asks the court to order either party—the government/prosecution or the defendant—to secure a ruling from the court outside the presence of the jury before attempting to introduce testimony or other evidence at trial on a topic that may inflame or prejudice the jury even if the court later tells the jury to disregard it.
In Texas, pretrial motions in criminal prosecutions are critical tools used by defense attorneys and prosecutors to shape the course of a trial before it begins. These motions are filed with the court to request specific actions and can lead to hearings where evidence and arguments are presented by both sides. A motion to change venue may be filed if the defendant believes they cannot receive a fair trial due to local biases. A motion to suppress seeks to exclude evidence obtained unlawfully. A motion to dismiss can be based on constitutional violations, insufficient evidence, or challenges to the legality of the statute under which the defendant is charged. Bail modifications can be requested to either lower or increase the bail amount, or to address bail violations. Discovery motions compel the prosecution to provide evidence that could prove the defendant's innocence or impact sentencing. A motion to disclose the identity of an informant is used to challenge the credibility of the informant's testimony. Lastly, a motion in limine aims to prevent potentially prejudicial evidence from being seen or heard by the jury. These motions are governed by the Texas Code of Criminal Procedure and relevant case law, and their outcomes can significantly affect the dynamics of a criminal trial.
