In some cases, you can get criminal charges against you dismissed before your case goes to trial. This will save you the anguish, lost time, and expense that can come with a lengthy criminal trial. In other cases, you may be able to prevent the prosecution from using evidence against you if it was illegally obtained by law enforcement.
Some defenses to criminal charges require you to file notice with the court before the trial. In all cases, it is a good idea to get a qualified attorney to work on your case before the case actually goes to trial.
West Palm Beach Lawyer for Pretrial Motions
In some cases, you may be able to get your criminal charges dismissed before going to trial. You may also be able to prevent certain evidence from being used against you if it was illegally obtained by police. In some instances, you have to file a notice before trial of using certain defenses.
A successful defense against any criminal charge requires someone with in-depth knowledge of Florida criminal procedure. If you have been arrested for an alleged crime in West Palm Beach, Riviera Beach, Delray Beach, Jupiter, or Lake Worth , you should immediately contact Meltzer & Bell, P.A..
Palm Beach County criminal attorneys of Meltzer & Bell, P.A. will aggressively defend your rights. You can have them review your case by calling (561) 557-8686 today to schedule an initial consultation free of charge.
Florida Pretrial Motions Information Center
- When can these types of motions be filed?
- What are some examples of pretrial motions?
- Where can I learn more about pretrial procedure?
When Pretrial Motions Can Be Filed in Palm Beach County
In some cases, a skilled Palm Beach County criminal defense attorney can help you get your criminal charges dismissed before the case even goes to trial. Florida Rule of Criminal Procedure 190 (c) allows a motion to be filed at any time to dismiss the criminal charges against you if:
- You have been pardoned for the offense;
- You have already been tried for the offense (double jeopardy);
- You have been granted immunity for the offense; or
- The prosecution does not dispute the facts of the case and they do not indicate you may be guilty.
Even without these circumstances, a motion to dismiss the criminal charges against you can still be filed before your case goes to trial under Florida Rule of Criminal Procedure 190. The prosecution may dispute your factual accounting of the incident or dispute your claim that the facts demonstrate your lack of guilt, but if the undisputed facts of the case either do not indicate guilt or demonstrate that you have a valid defense to the criminal charges, your case may be dismissed before going to trial.
Types of Pretrial Motions in Florida
Your West Palm Beach area criminal defense attorney can help you get more time to prepare for your trial by filing a motion for continuance under Florida Rule of Criminal Procedure 190(f). This will delay your case going to trial and allow you and your Palm Beach County criminal defense attorney more time to prepare a proper defense.
It is possible that evidence against you was illegally obtained by police in violation of your Fourth Amendment rights. If law enforcement searched you or your property without a warrant, the burden of proof is on the prosecution to prove that the search did not violate your Constitutional rights. If the police did have a warrant, the burden of proof is on the defense to prove that the evidence was illegally obtained. If the search was illegal and violated your Fourth Amendment rights, your West Palm Beach area criminal defense attorney can file a motion to suppress the evidence to prevent it from being used against you in court.
A Palm Beach County criminal defense attorney can also help you file other pretrial motions including:
- A motion to suppress confessions and admissions that were illegally obtained by police;
- A motion to disqualify or substitute for a trial judge that may be biased against you;
- A change of venue, to move your trial to a different court where you can get a fairer trial;
- A Notice of Alibi;
- A notice of intent to use the defense of insanity; or
- A notice of intent to use a battered spouse defense.
Florida Resources for Pretrial Motions
Legal Community | Clerk & Comptroller, Palm Beach County — You can find various legal resources on this website, including cover sheets and links to many other websites. You can also perform searches of court records and official records.205 North Dixie Highway
West Palm Beach, FL 33401
Florida Rules of Criminal Procedure — You can review the entire Florida Rules of Criminal Procedure document supplied by the Florida Bar. Section V covering pretrial motions and defenses begins on page 84. It covers various pretrial motions, speedy trials, motions for rehearing, and notices of alibi.
Finding a Defense Attorney in Palm Beach County, FL
If you have been charged with an alleged criminal offense in Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter, Lake Worth, Palm Beach Gardens, Wellington, or West Palm Beach, you will want to seek legal representation right away. Meltzer & Bell, P.A. fights to get criminal charges reduced or dismissed through various pretrial motions.
Lawrence Meltzer and Steven Bell have more than two decades of combined legal experience. They will provide a compelte review of your case during a free, confidential consultation as soon as you call (561) 557-8686.