After arraignment your attorney will work with you to review the evidence and develop a strategy for the case.

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The government’s evidence, called “Discovery,” should be handed to the defense about 14 days after Arraignment. Additional evidence or discovery will likely come up later.

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If necessary, after reviewing the discovery in the case, your lawyer will file pretrial motions. Pretrial motions can have an enormous impact on the case. Depending upon the outcome of these motions, the client may decide to plead guilty or schedule for trial.

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The most common type of pretrial motion is a motion to suppress evidence. If law enforcement agents took property, statements, or botched an identification of the accused, and the attorney has a good faith basis for suppressing the evidence, the attorney may file a motion to suppress. Motions to suppress implicate constitutional rights. The motion seeks to exclude illegally-obtained evidence from being offered by the prosecution at trial. Once a motion to suppress is filed, it will be set for a hearing. The hearing will be held in open court and both sides can present evidence and witnesses. The defense attorney can cross examine the government’s witnesses and present defense witnesses at the hearing.

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If the judge finds that the evidence was obtained in violation of the law, the judge may exclude the evidence at trial.

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Other pretrial motions, such as motions in limine, may apply to your case. These types of motions will be discussed between you and your lawyer.