There are various stages in a criminal case, ranging from arrest, arraignment, trial, and conviction. Motions in limine occur before a trial and can change the trajectory of a criminal case. Keep reading to learn more about motions in limine and the role of an attorney when filing a motion in limine.
What is a Motion in Limine?
A motion in limine, meaning “on the threshold” in Latin, is a motion filed before trial that asks the judge to exclude specific evidence from being offered or presented at trial. Although a Defendant can use motions in limine to include evidence, the more common use of the motion is to exclude evidence and any reference to evidence that could unfairly create bias against the Defendant.
Motions in limine are never discussed in front of the jury. Instead, the Defendant’s lawyer will file the motion, and the prosecutor and Defendant’s lawyer will argue whether the judge should grant or deny the motion in limine in front of the judge.
What is Included in a Motion in Limine?
Motions in limine can be filed to exclude a wide variety of evidence. The motion may be used to suppress statements, such as a statement made to a police officer, identification evidence, such as identification from a photo lineup, or tangible evidence, such as a gun or drugs.
Generally, a motion in limine will include short statements that state(1) the piece of evidence the party wishes to exclude/admit and (2) the evidentiary bases upon which that evidence should be excluded or admitted.The motion will cite previous court cases, statute(s), and the facts of the case.
For example, a motion in limine may ask that a prior conviction from decades ago be excluded from trial because it would be more likely to emotionally sway the jury into thinking the Defendant is likely to commit a crime again rather than being helpful to the jury. If the motion in limine is granted, then the Defendant’s prior conviction cannot be mentioned. If the Defendant’s prior conviction is mentioned, that could be grounds for the judge to declare a mistrial.
What is the Role of an Attorney During a Motion in Limine?
Criminal trials can be won or lost before the trial begins. A motion in limine is a powerful weapon for lawyers that can alter the makeup of the case and ensure that unfavorable evidence is excluded from the jury’s consideration. Therefore, it is important that you have an experienced and passionate attorney who will file compelling motions to the court and fight on your behalf before the trial begins.
Have Questions? Give Me a Call.
It is important that you have an attorney to file a compelling motion in limine on your behalf because the motion could impact whether your trial is won or lost. I have decades of criminal law experience and will advocate at each stage of your case to ensure we reach the best resolution. If you need a criminal defense attorney or have legal questions, give me a call.
