Understanding Pretrial Motions in Criminal Cases: Suppression, Severance, and More

For anyone facing criminal charges in Pennsylvania, especially in places like Philadelphia where the court system moves quickly, understanding these motions can make the difference between conviction and dismissal.

Here’s a breakdown of the most common pretrial motions—and how an experienced criminal defense attorney uses them to protect your rights and weaken the prosecution’s case.

What Are Pretrial Motions?

A pretrial motion is a formal legal argument your defense attorney files before trial to:

• Exclude certain evidence

• Separate charges or co-defendants

• Dismiss the case entirely

• Compel the prosecution to turn over information

• Limit how the prosecution presents its case

These motions are usually filed in the Court of Common Pleas in felony or serious misdemeanor cases.

Common Types of Pretrial Motions in Pennsylvania

🔹 Motion to Suppress Evidence

This is one of the most powerful tools in a defense attorney’s arsenal. It asks the judge to exclude evidence that was obtained illegally, such as:

• Evidence found during an unlawful search or seizure

• Statements made without proper Miranda warnings

• Evidence seized without a valid warrant or probable cause

• Confessions obtained through coercion or police misconduct

Example: If police searched your car without a warrant or probable cause and found drugs, your attorney can file a suppression motion. If granted, that evidence cannot be used at trial—and the entire case may collapse.

🔹 Motion to Dismiss Charges

This motion argues that the prosecution’s case is so weak that it should be thrown out before trial. Reasons can include:

• Lack of sufficient evidence

• Violation of speedy trial rights

• Statute of limitations has expired

• Prosecutorial misconduct

Judges may grant this motion entirely or dismiss only certain charges while allowing others to proceed.

🔹 Motion to Sever Charges or Defendants

In cases involving multiple charges or co-defendants, your attorney can ask the court to separate them. This is important because:

• One charge may unfairly influence the jury’s view of another

• Evidence admissible against a co-defendant may not apply to you

• A joint trial may confuse the jury or limit your defense

Severance can lead to a more focused and fair trial.

🔹 Motion in Limine

A motion in limine asks the judge to exclude certain testimony or evidence from being introduced at trial. This can involve:

• Highly prejudicial photos or videos

• Prior bad acts that are not directly related to the case

• Hearsay statements

• Irrelevant or inflammatory remarks by the prosecution

Ruling on these motions helps keep the trial fair and focused on the actual charges.

🔹 Motion to Compel Discovery

The prosecution is required to share certain evidence with the defense. If they withhold it, your attorney can file a motion to force them to:

• Turn over police reports

• Disclose witness statements

• Reveal lab results or video surveillance

• Share evidence that may help your defense (exculpatory evidence)

This ensures you’re not blindsided at trial and can fully prepare your defense.

Why Pretrial Motions Matter

Well-timed pretrial motions can:

✅ Eliminate damaging evidence
✅ Weaken the prosecution’s case
✅ Set up strong arguments for trial or appeal
✅ Lead to dismissal or better plea deals
✅ Shape the jury’s perception of the case

A strong pretrial strategy can pressure the prosecution to drop charges, offer favorable deals, or even give up on the case entirely.

When Are Pretrial Motions Filed?

Most pretrial motions must be filed within 30 days of the arraignment or the court’s scheduling order. Your attorney will review all discovery materials, investigate the facts, and determine which motions apply.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’ve been charged with a crime in Pennsylvania, pretrial motions may be your first—and best—chance to protect your rights. With over 30 years of courtroom experience, Mark D. Hauser knows how to use every legal tool available to suppress evidence, challenge unfair procedures, and put the prosecution on the defensive.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.