Criminal Defense Lawyers

Philadelphia Federal Criminal Pre-Trial Motions: Arguing Constitutional Rights

Philadelphia Federal Criminal Pre-Trial Motions: Arguing Constitutional Rights

When you’ve been charged with a federal crime in Philadelphia, one of the most important things your defense attorney can do is file pre-trial motions to protect your constitutional rights. These motions give your attorney the chance to argue that certain evidence should be suppressed or thrown out because it was obtained illegally. Filing strong pre-trial motions is one of the best ways to build a solid defense strategy. Here’s an overview of some of the most common constitutional issues that come up in Philly federal criminal cases, and how your lawyer can argue to protect your rights.

Arguing an Unlawful Search or Seizure

One of the most common pre-trial motions in federal criminal cases is a motion to suppress evidence that was obtained through an unlawful search or seizure. This refers to situations where the police or federal agents conducted a search without having probable cause or reasonable suspicion as required by the Fourth Amendment. For example, if the cops searched your car or home without a valid warrant and found drugs or other incriminating evidence, your lawyer can argue that the search violated your constitutional rights and the evidence should be thrown out.

In the motion to suppress, your attorney will explain how the search violated your Fourth Amendment protections against unreasonable searches and seizures. The government has to show that the police did have probable cause or a warrant to justify the search. If they can’t, the judge may agree to suppress the evidence so it can’t be used against you at trial. Getting illegally obtained evidence thrown out can really bolster your case.

Challenging the Admissibility of Confessions

Another common pre-trial motion seeks to suppress incriminating statements that you may have made to law enforcement. Under the Fifth Amendment, statements you make to the police during an interrogation can only be used against you if you were read your Miranda rights and voluntarily waived those rights. If the cops questioned you without giving you a Miranda warning or coerced you into confessing, your lawyer can argue that the confession should be excluded from evidence.

In the motion, your attorney will explain how your Fifth Amendment rights were violated – for example, if the police interrogated you for hours without reading you your rights. Your lawyer may also argue that your confession was involuntary due to police coercion or intimidation tactics. Getting an improperly obtained confession thrown out keeps extremely damning evidence away from the jury.

Asserting Your Right to a Speedy Trial

The Sixth Amendment guarantees your right to a speedy trial – the government can’t just let your case linger for years before prosecuting you. Under the Speedy Trial Act, federal criminal trials must begin within 70 days of your indictment or initial court appearance. However, prosecutors often get continuances to delay the trial. As a check on these delays, your lawyer can file a motion to dismiss asserting your speedy trial rights.

In the motion, your attorney will argue that the government’s unnecessary delays are violating your Sixth Amendment protections. If the judge agrees, the case could potentially be dismissed. At a minimum, the motion encourages prosecutors to move more quickly and prevents you from waiting months or years for your day in court.

Alleging Selective or Vindictive Prosecution

The Equal Protection Clause of the Fourteenth Amendment prohibits prosecutors from selectively targeting people for prosecution based on discriminatory factors like race, religion, or the exercise of constitutional rights. If you’re being singled out for prosecution while people of other races or backgrounds get a pass, your lawyer can file a motion alleging selective prosecution.

Similarly, if prosecutors are ramping up charges against you simply because you asserted your rights (for example, by filing for suppression of evidence), your attorney can allege vindictive prosecution. These motions argue that the government’s arbitrary or retaliatory charging decisions violate your constitutional rights. If the judge agrees, the case may get dismissed.

Requesting a Bill of Particulars

When you’re indicted on federal charges, the indictment may use vague or generic language to describe your alleged criminal conduct. But the Sixth Amendment entitles you to know the specific allegations against you so you can mount an effective defense. If the charges are too vague, your lawyer can file a motion for a bill of particulars.

This motion asks the judge to order prosecutors to provide more detailed information about the charges and your alleged acts. Getting detailed allegations can help your attorney investigate the case, pinpoint weaknesses in the government’s position, and file appropriate pre-trial motions. The court may also preclude the government from bringing up at trial any acts not mentioned in the bill of particulars.

Demanding Discovery of the Prosecution’s Evidence

A key part of preparing your defense is knowing what evidence the government has against you. Under the Federal Rules of Criminal Procedure, prosecutors must turn over any exculpatory evidence that favors the defense. But they may try to avoid disclosing all their information. Your lawyer can file a motion for discovery demanding that the prosecution share their reports, witness statements, forensic analyses, and other documents relevant to the charges.

Getting full discovery allows your attorney to fully evaluate the prosecutor’s case. If the government fails to disclose all required information, the judge can impose sanctions or exclude evidence from trial. Thorough discovery is essential to developing defense strategies and exposing any weaknesses in the prosecution’s case.

Requesting Severance of Co-Defendants’ Trials

If you’re charged alongside co-defendants in a federal conspiracy case, prosecutors will want to try you together in a joint trial. But being lumped in with others can prejudice the jury against you. If a co-defendant has a criminal record or is accused of worse acts, your lawyer can argue that a joint trial would violate your due process rights under the Fifth Amendment.

Your attorney can file a motion to sever, asking the judge to order separate trials for each defendant. The motion will explain how a joint trial would be unfairly prejudicial. If granted, severance allows your case to be tried on its own facts, without guilt by association.

Asserting Violations of the Right to Present a Defense

The Sixth Amendment guarantees your right to have a meaningful opportunity to present a complete defense at trial. This includes the right to call witnesses in your favor, cross-examine prosecution witnesses, and admit supporting evidence. If the judge makes unfair evidentiary rulings restricting your defense, your lawyer can file motions asserting this constitutional violation.

For example, your attorney may argue that you should be allowed to admit certain documents or call witnesses that the court excluded. The motion will explain how these defense-friendly pieces of evidence are critical to your case and excluding them infringes on your rights. If the court agrees, you’ll get to present a more effective defense.

Arguing Prosecutorial Misconduct

Prosecutors are required to play fair and follow the rules. But if they engage in misconduct like failing to disclose exculpatory evidence, attempting to admit improper evidence, or making inflammatory arguments, your lawyer can call them out through a motion alleging prosecutorial misconduct.

The motion will detail the prosecutor’s improper actions, explain how they violated your constitutional rights to due process and a fair trial, and request sanctions like dismissing the charges. Calling the judge’s attention to unethical moves by the prosecution helps reign in bullying tactics and enforce your rights.

Challenging the Constitutionality of the Charges

In some cases, you can assert that the very charges against you are unconstitutional. For example, your attorney may argue that the statute you’re charged under is overly vague in violation of due process, regulates protected conduct under the First Amendment, or exceeds the federal government’s powers. In that case, your lawyer can file a pre-trial motion challenging the constitutionality of the charges and seeking dismissal of the indictment.

The motion will explain the specific constitutional defects with the charges and why they should be invalidated by the court. While challenging the constitutionality of federal statutes is an uphill battle, it’s a powerful tool when it succeeds.

Requesting an Evidentiary Hearing

To succeed on many suppression motions or other constitutional claims, your defense attorney will need to establish key facts about what happened during the investigation. For example, to show your confession was involuntary, your lawyer will need to question the interrogating officers about their tactics. To do this, your attorney can request an evidentiary hearing.

In the motion for a hearing, your lawyer will explain why testimony and factual findings are needed to resolve your constitutional claims. If granted, the hearing allows your attorney to elicit sworn testimony from witnesses and build a record supporting your defense. Evidence introduced at the hearing can then be cited in subsequent motions.

Seeking Dismissal of a Flawed Indictment

If there are fatal errors in the indictment filed against you, your lawyer can seek dismissal by challenging the indictment itself. For example, an indictment that fails to allege criminal conduct, improperly joins multiple offenses, or provides inadequate notice of the charges may be subject to dismissal. Your attorney can explain the deficiencies in the indictment through a pre-trial motion.

If the motion succeeds, the whole case gets tossed out due to the faulty indictment. Even if it’s denied, the challenge provides your lawyer an opportunity to test the prosecution’s case at an early stage.

Requesting a Jury Instruction

Jury instructions explain the applicable law and guide the jury’s deliberations at trial. If the court fails to give an important instruction, it can impair your defense. Your lawyer can file proposed jury instructions before trial asking the court to charge the jury on relevant legal principles.

For example, your attorney may propose an instruction on assessing eyewitness credibility if mistaken ID is an issue, or an instruction on your right not to testify if you don’t plan to take the stand. Proposed jury instructions are essential to making sure the jury considers your defense theories.

Arguing for Bail and Pretrial Release

After your arrest, prosecutors will argue that you should be detained pending trial. But you have a constitutional right to pretrial release under reasonable conditions unless there are no alternatives to detention. Your lawyer can file a motion arguing for bail and pretrial supervision instead of jail.

The motion will emphasize factors favoring your release, like your community ties, steady employment, and lack of criminal history. Your attorney may also propose conditions like electronic monitoring and curfews to mitigate any risk of nonappearance or new offenses. Securing pretrial release helps prepare your defense and avoid the psychological impact of incarceration.

Asserting the Right to an Impartial Jury

The Sixth Amendment guarantees your right to an impartial jury free from bias. During jury selection, your lawyer can question potential jurors to expose any prejudices or preconceived notions about your guilt. If a biased pool results, your attorney can file motions challenging the composition of the jury.

For example, your lawyer may allege that inclusion of a biased juror violated your rights and request a mistrial or new trial with a fresh jury pool. The motion will explain how the jury’s partiality infringed your protections. Removing biased jurors or juries safeguards your right to a fair trial.

Using Pre-Trial Motions to Lay the Groundwork for Your Defense

Filing strong motions asserting your constitutional rights is one of the most critical stages of building a defense strategy in a federal criminal case. An effective pre-trial motion can result in charges being dismissed or important evidence getting suppressed. Even if the motions are denied, the litigation process allows your lawyer to pinpoint weaknesses in the prosecutor’s case.

Don’t leave your rights to chance. Make sure your federal criminal defense lawyer explores every opportunity to file pre-trial motions protecting your constitutional freedoms. Bold motions practice paves the way for a vigorous defense and the best possible outcome in your Philadelphia federal criminal case.