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 often used to denote one with witnesses subject to direct and cross-examination before a judge, as well as other evidence. After the hearing, the 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.