What motion allows the defense to obtain documents and a list of the prosecutions witnesses?
Show 5 Common Pre-Trial Motions in Criminal CasesWhat many defendants don’t know is that their case doesn’t always have to go to trial. Once a case lands in trial, a defendant’s freedom and future are in the hands of a judge and jury. While trials can be effective, they are not always necessary, as they cost a lot of time, money, energy and resources. That’s why a good attorney will negotiate for the best possible outcome for their client before going to trial; there’s a good chance the case will get resolved without the help of a judge and jury. To best achieve a fair outcome in a criminal case, prosecutors and defense attorneys alike can file motions to the court requesting that a decision be made on a particular issue before the trial begins. Motions can alter the course and outcome of a case, as trials, courtrooms, defendants, evidence and testimonies can be impacted. You must be aware that motions are not pleadings but rather requests for a judge to make a legal ruling. Among the most common pre-trial motions include:
Depending on the circumstances of your case, our Fort Worth criminal defense lawyer will file pre-trial motions on your behalf to give you the highest chances of receiving a fair and beneficial outcome in your situation. As a former prosecutor, our attorney knows how the prosecution strategizes their attacks against defendants and will utilize it to benefit our clients in any way possible, such as by getting charges reduced or thrown out completely. It is better to discuss your case with a trusted attorney right away to maximize your chances of securing a successful result, which is why we encourage you to contact The Clark Law Firm at (817) 435-4970 today! Categories: Case No. IT-01-48-T Registrar: PROSECUTOR v. SEFER HALILOVIC ___________________________________________ DECISION ON MOTION FOR PROSECUTION ACCESS TO DEFENCE DOCUMENTS USED IN CROSS-EXAMINATION OF PROSECUTION WITNESSES ___________________________________________ Mr. Philip Weiner Mr. Peter Morrissey I. INTRODUCTION
The Prosecution submits, inter alia, that the practice in the present trial according to which the documents that the Defence intends to use during cross-examination are electronically released to the Prosecution at the time the documents are actually shown to the witness in court has created �an unfortunate procedural unfairness to the Prosecution�,3 since Prosecution counsel are forced to read �on a computer screen a document which they may be sighting for the first time, while the witness is being cross-examined on its contents�,4 this being particularly prejudicial when the documents released are longer than one single page.5 The Prosecution also submits that the electronic retrieval of documents in cross-examination �hinders the ability of Prosecution counsel to represent the Prosecutor in court and to assist the Trial Chamber in its determination of the admissibility of documentary evidence �.6 The Prosecution concludes by stating that as a result of the practice used in the present trial �the Prosecution has no real access to Defence documents�,7 and Article 20 (1) of the Statute of the Tribunal (�Statute�) is violated because �?ag fair trial requires an equality of arms in cross-examination on documents�.8 II. DISCUSSION 1. Whether the Defence is under an obligation to provide in advance the Prosecution with documents it intends to use in cross-examination 2. E-court system III. DISPOSITION Done in French and English, the English version being authoritative. Dated this ninth day of May 2005, What are the three most common pretrial motions?Common pre-trial motions include:. Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case. ... . Motion to Suppress – an attempt to keep certain statements or evidence from being introduced as evidence. ... . Motion for Change of Venue – may be made for various reasons including pre-trial publicity.. Is when a trial judge orders a jury to acquit the accused because the prosecution has not proven its case?But an acquittal doesn't mean the jury or judge found you innocent of the charge. It only means that the prosecution failed to prove beyond a reasonable doubt that you were guilty. A not guilty verdict isn't the sole means of getting an acquittal.
What happens during the criminal trial process?Overview of the six main phases of a criminal trial, which include jury selection; opening statements; witness testimony and cross-examination; closing arguments; jury instruction; jury deliberation and verdict.
What is right to confront witnesses?Overview. The Sixth Amendment provides that a person accused of a crime has the right to confront a witness against him or her in a criminal action. This includes the right to be present at the trial (which is guaranteed by the Federal Rules of Criminal Procedure Rule 43).
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