Federal Pre-Trial and Trial Motions for an Effective Defense.

Federal criminal matters typically involve complex pre-trial issues. Your counsel’s ability to recognize and trouble a shoot matter to identify pre-trial motions is an important part of every defense.

Sometimes, is a pre-trial motion is successful, it will allow for extensive discovery and a consolidation of the evidence and charges against an accused. A list of some important pre-trial motions include a: Motion to Dismiss an Indictment, Motion for a Bill of Particulars, Motion to Compel Discovery, Motion for Jenks Act Materials, Motions to Sever an Indictment, Motion to Compel/ Strike Bruton Act Materials, Motion to Identify and Expert, Motion to Identify Evidence Subject to Potential Suppression, Motion to Produce Brady/Giglio Material, Motion to Exclude Prior Bad Acts, Motion to Preclude Criminal Record, and Motions to Compel certain Jury Voir Dire Questions.

During trial, counsel must remain vigilant to protect the record from negative evidence being presented to the jury.  Included in this responsibility is presenting oral motions in limine to limit witness testimony to be consistent with the proffered evidence during any pre-trial hearing.  Counsel must be ready to also file Motions to Preclude the Government from presenting to the jury blown up exhibits or videos that may be prejudicial to a defendant and Motions to Dismiss parts of indictment if the evidence does not meet the statutory requirements and a jury maybe caused to speculate.

If counts of an indictment are dismissed, Motions to Modify potential jury instructions to comport with the evidence and advise the jury to disregard certain evidence that is now irrelevant is important. At the close of the Government’s case, a Motion for Judgment of Acquittal is always necessary to protect the record. Significant victories in whittling down the indicted charges will also allow for better jury instructions.  All together, these motions will it harder for the government to meet its burden of proof.

In cases involving the use of a computer and the internet, hiring an expert to review the computer forensic evidence is a must. Your expert will insure the government’s computer forensic evaluation is legally correct. The expert will either be present at trial to testify with a report or to assist in the evaluation of the government’s evidence in cross examination. Proper interpretation to the jury of the government’s computer evidence will eliminate a jury’s assumption and automatic acceptance of the government’s expert’s testimony as the gospel.

Every internet possesory pornography case includes the burden of proof of interstate commerce of each image in question. Expert testimony that items on a computer were downloaded from the Internet, without proper foundation, is a false argument for which a hired defense expert will be able to rebut. Significantly, a Motion to Compel Inspection of your computer in the government’s possession will be necessary. Your expert must conduct an independent Forensic investigation of the government’s computer evidence to ascertain the factual basis of the government’s expert report. What media devices the government’s expert reviewed, on what digital media device certain images or evidence was located and when those items were created, viewed, and uploaded or transferred on that computer, through what means, is very relevant in the inter-state burden of proof issues.
Call me to discuss your case and how you wish your counsel to handle your matter.

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