Texas Pre Trial Hearings-

I had two pre trial hearings yesterday. What is a pre-trial hearing?

In Texas pre trial hearings are used to argue certain defense motions, inter alia
Motions To Suppress– My client may have had drugs in his car, but you had no right to search it.
Motions for Discovery– Can I look at the drugs you found in my client’s car? Who are the witnesses? Let me read that confession.
Motion to Change Venue– There is too much publicity, let’s try this case somewhere else.
Motion For Interpreter– Como?
Entrapment- The police made my client buy drugs.

The judge is under no obligation to have a pre trial hearing. If not, these motions will be “carried to trial” or heard on the day of trial.

Most cases end with a plea and no pre trial hearing. One of the reasons is that some plea offers are conditioned (explicitly or implicitly) on not having a pre trial hearing.

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2 responses to “Texas Pre Trial Hearings-”

  1. <img src="http://www.blogger.c says:

    Is that your public service announcement for the month?

  2. <img src="http://www.blogge says:

    Speaking of pretrial hearings – Recently, the defense council of an acquaintance of mine attended a pretrial hearing that my acquaintance was not allowed to attend (federal court). As per my acquaintance, his attorney has told him that his defense witnesses are going to be Mirandized prior to their testimony in court. This sounds as if it would be highly prejudical, especially if carried out before the jury. Is this standard procedure in federal court?

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