Pre-trial Contested Omnibus Hearing
The defense attorney will review available evidence and identify legal issues that could help the defendant at a pretrial hearing. Available evidence could include evidence identified by the client, work product of a defense investigator, work product of the defense lawyer, and discovery from the prosecutor.
The types of legal issues and defense motions for judicial relief that a defense lawyer might identify and make include:
- Suppress evidence obtained due to an illegal Fourth Amendment Seizure
- Suppress evidence due to an illegal search
- Suppress Involuntary Statements, Admissions, Confessions
- Suppress Statements and Admissions due to a violation of Miranda warning rights
- Suppress Statements due to other Constitutional and statutory law violations by police
- Dismiss improperly enhanced charges
- Dismiss improper mandatory minimum sentencing requests
- An Order compelling disclosure and discovery or evidence
The term “contested hearing” is generally used to denote one with witnesses subject to direct and cross-examination before a judge, as well as other evidence. It’s like a trial to a judge, except the focus is on legal issues raised, along with facts and testimony related to those issues.
After the hearing, the lawyers for the opposing parties may assist the judge by writing legal briefs or memoranda of law. The judge will then rule on the issues raised, and order or deny requested relief.
Depending upon the legal issues raised by the defense attorney, the judge’s decision to suppress evidence may in some cases be dispositive, by resulting in dismissal of one or more of the criminal charges made by the prosecuting attorney. Other times, an Order to Suppress Evidence may not result in dismissal of charges, but still take away some of the prosecution’s evidence at trial. This improves the defense case for trial.
Question? You can call Minnesota Defense Attorney Thomas C. Gallagher at 612 333-1500