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what are some pretrial motions?

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javajoe7

Member
What is the name of your state (only U.S. law)? PA but this is a FEDERAL case.
i got a letter saying pretrial motions are due by sept 28th
can anyone list all or some of what these are.
i want to file as many as will help me as i can.
i know i want the one filed where the judge splits it up into 2 trials
since theres a bunch of charges. and i want a motion to see the grand jury transcript. so what else is there??
 


FlyingRon

Senior Member
Posting history. It's a criminal case Tranq.
And no you are NOT going to get rule 6 waived just because you make a motion.
 

Zigner

Senior Member, Non-Attorney
A bit of background...

https://forum.freeadvice.com/arrests-searches-warrants-procedure-26/right-see-federal-grand-jury-indictment-transcript-560950.html

https://forum.freeadvice.com/us-supreme-court-constitution-25/found-supreme-court-case-helps-me-556573.html
 

tranquility

Senior Member
My mistake. FRCP usually means civil, above I mean FRCP with the C for criminal. Still Rule 12 though.

I know of javajoe7.
 

javajoe7

Member
lots of motions

thanks, i looked them up under Rule 12 and the one other motion related to discovery is i have to ask the prosecution if they have any expert witness testimony and to give me a copy of that under rule 16 1 G
it just amazes me the power a prosecutor has
its going to cost the tax payers so much money for alll my motions, the severed trialS, and all appeals and attorney fees if i lose
for this little case when the prosecutor wont drop one aggravated charge.
its so wrong. no wonder our country is going downhill . so much money wasted on wharehousing our own citizens so sad when it doesnt even change human behavior, only more jobs, national healthcare, better education, more access to college to the poor etc will in the long run.
 

tranquility

Senior Member
Poor you. I suspect the country going downhill has more to do with people having your attitude than that of those who want to put you in jail.
 

javajoe7

Member
whats after pretrial motions?

after pretrial motions are ruled on,
what happens next?
Is the next thing that happens is to pick a jury
and will the government pay for a jury consultant?
as i have a federal public defender
 

Zigner

Senior Member, Non-Attorney
after pretrial motions are ruled on,
what happens next?
Is the next thing that happens is to pick a jury
and will the government pay for a jury consultant?
as i have a federal public defender

You have an attorney. No one here is going to second-guess the information you get from your attorney.
 

OHRoadwarrior

Senior Member
That is what happens when you have a system where the guilty try to utilize any possible to circumvent justice being served. You would think only the innocent would do it and the guilty would just lay down and take their punishment.
Go Figure.
 

javajoe7

Member
does anyone have a REAL Answer?

is jury selection after pretrial motions
and does the governemtn pay for a jury consultant

(p.s. MODERATOR, FOR THE LAST TIME BAN ZIGNER
and maybe OHROADWARRIOR, IF U HAVE ANY MORALS OR ETHICS
AGAINST PEOPLE HARRESSING OTHERS HERE OR FOR BEING CONDESCENDING)
 

FlyingRon

Senior Member
That is what happens when you have a system where the guilty try to utilize any possible to circumvent justice being served. You would think only the innocent would do it and the guilty would just lay down and take their punishment.
Go Figure.

I don't have any problems with the guilty mounting a defense. It's coming up with goofy and spurious noise in the judicial process. So far, the only time he's wasted is ours. Hopefully his lawyer will sit on him a bit. Of course, he could always retain Dillon for legal assistance.

What happens after the motions hearing is that if there are no motions to act on, then a date for the next step which is likely jury impanelment (if used) and trial.
If there are things that need to be acted upon the whole thing is probably deferred for another hearing to make sure that all those are satisfied and no new issues came up.

I can tell you that by the time a judge gets to the federal judiciary, he's not going to put up with much drivel form pro se litigants. In some federal courts, you won't even get to open your mouth if you don't have a valid and well drafted motion ready to go.

Which court are you being heard in? This is almost worth going to watch.
I've not been to federal court on a motions day since the Mitnick/Lottor case (Lottor was a friend and Mitnick told his lawyer he had to take my computer security class in preparation).
I remember one motion was the bill of particulars for the assertion of the possession of certain "access devices." I offered to send the lawyer my ATM machine as an example of the junk us engineer geeks tend to have around without any ill intent whatsover...Kevin had an old klunky verifone card terminal that was on the list).
 
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OHRoadwarrior

Senior Member
so much money wasted on wharehousing our own citizens so sad when it doesnt even change human behavior, only more jobs, national healthcare, better education, more access to college to the poor etc will in the long run.

You opened the door. I did not say you were guilty. Maybe you feel outraged because you are. I was responding to your comment . This is not a courtroom where you have the right to file motions.
 
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FlyingRon

Senior Member
is jury selection after pretrial motions
and does the governemtn pay for a jury consultant
Jury selection is almost always the last thing before trial starts. You don't want to encumber the jurors any more than necessary nor do you want to risk them being tainted sitting around. That's not to say there can be some motions entered or ruled on concurrently or afterwards, but the intent is to get everything out of the way first.

You can't ask for one. If you have appointed counsel and he can make the case that he needs one it might happen.
(p.s. MODERATOR, FOR THE LAST TIME BAN ZIGNER
and maybe OHROADWARRIOR, IF U HAVE ANY MORALS OR ETHICS
AGAINST PEOPLE HARRESSING OTHERS HERE OR FOR BEING CONDESCENDING)

You don't get to say the manner and how the volunteers answer your questions. I can guarantee that the moderator isn't going to intervene because they say things YOU do not want to hear.
 
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