5 Common Pretrial Motions in Illinois Criminal Cases

 Posted on December 10, 2024 in Criminal Law

Being charged with committing a crime in Illinois does not mean you begin a trial right away. Before a trial can even start, there is the "pretrial" stage, which includes several important steps, including pretrial motions. 

Either side in a case - the defense and the prosecution - can make these requests to the judge before the trial starts, and they can have a significant impact on how the trial plays out. If you are facing criminal charges, speak with a qualified Wheaton, IL criminal defense lawyer to understand how best to protect your rights.

What are Pretrial Motions?

A pretrial motion is a formal request made by either side in a case to the judge to decide about something before the trial begins. Motions can ask the judge to dismiss a case, exclude certain evidence, or establish specific rules about how the trial will proceed. The judge reviews the request and decides whether to grant or deny the motion. Pretrial motions have the potential to greatly impact a trial, or whether the case will even go to trial at all.

Types of Pretrial Motions

There are several types of pretrial motions that a criminal defense lawyer might use in Illinois. Some of the most common ones include:

• Motion to Dismiss: This involves asking the judge to throw out the case. This can happen if there is not enough evidence to support the charges or if the law was violated in some way, for example, if the police did not follow proper procedures when arresting the person.

• Motion to Suppress Evidence: This involves demonstrating to the judge that there are reasonable grounds not to allow certain evidence to be used in court. This might be granted if the police did not have a valid reason to search someone's home or car, for example.

• Motion for Discovery: Using this motion, the defense asks the prosecution to provide all the evidence they plan to use against the defendant in the trial. The defense needs to know what evidence the prosecution has in order to prepare a strong defense.

• Motion to Change Venue: If the defense is concerned that it will not be able to find a fair jury in the area where the crime took place, it can ask the judge to move the trial to a different location. This sometimes happens if a case has received a lot of media attention.

• Motion for Bond Reduction: If the defendant is in jail before trial, the defense might file a motion asking the judge to reduce the amount of money that needs to be paid to secure a release. Defense lawyers typically argue this when they can demonstrate that their client is not a flight risk or a danger to the community.

Schedule a Free Consultation with a DuPage County, IL Criminal Defense Attorney

If you are facing charges and heading toward a trial, a skilled Wheaton, IL criminal defense lawyer can argue for pretrial motions that can contribute to a favorable outcome. At Davi Law Group, LLC, we are dedicated to defending your rights and protecting your best interests, including through pretrial motions that can ensure fair treatment during a trial. Call us at 630-580-6373 to schedule a free consultation.