Atlanta, Georgia Federal Defense Attorney
Pre-Trial Motions
Motions are requests for the court to grant relief. The most common motions are:
A motion for discovery, where the defendant is asking the judge to order the prosecutor to turn over all of its evidence against the defendant as required by law;
A motion to suppress statements of the defendant because of Miranda violations or the coercion of the statements;
A motion to suppress evidence due to an illegal search or seizure of that evidence; and,
A motion to sever the defendant's case (in a case with a large number of co-defendants), where the defendant is asking to have a separate trial from the other co-defendants.
Other common motions ask the court to exclude or include certain evidence under the rules of evidence.
Discovery
Generally, a defendant is entitled to receive a copy of any and all evidence the government is going to use against him/her at trial, including oral or written statements the defendant made to agents, tangible objects, scientific tests or reports which the prosecutor intends to use in evidence, and witness statements. Some discovery is required to be turned over to the defendant well before trial; however, some information, such as witness statements, is not required to be turned over until after that witness testifies.
The Due Process Clause of the U.S. Constitution provides that the government must turn over any evidence in its possession which is tends to prove a defendant's innocence (this is also mandated under the U.S. Supreme Court case Brady v. Maryland), as well as evidence which might cast doubt upon the credibility of government witnesses (such as inconsistent statements, evidence of bias, or motive to fabricate).
