HABEAS + SUPPRESSION LAWYERS IN WILKES-BARRE, PA

Lampman Law is focused on challenging the legality of arrests and evidence. Every time we read an affidavit or a police report, we question how an arrest was made and how evidence was collected. We are proficient at spotting evidentiary issues and achieving pre-trial relief. It is difficult, but it is one of the things that we like most about being criminal defense lawyers. Specifically, identifying issues to raise in pre-trial motions demands attention to detail, creativity, and a functioning understanding the law.

Over the years, we have had many cases dismissed pre-trial after filing petitions for the writ of habeas corpus and various courts have granted our motions to suppress evidence. Getting evidence suppressed generally wins criminal cases. Although the government may still present circumstantial evidence after suppression has been ordered, that is not how they want to present the case.

Winning on pre-trial motions avoids the expense and uncertainty of trial. Moreover, winning cases on pre-trial motions is most satisfying because it shows that the justice system works. Nothing can better venerate our constitution than the suppression of evidence.

When is the deadline to file pre-trial motions?

In Pennsylvania, the rules of criminal procedure require most pre-trial motions to be filed within thirty days of formal arraignment. A motion for a bill of particulars is due within five days of arraignment and discovery must be requested within fourteen days if formal arraignment. Motions in limine and motions to dismiss for speedy trial violations do not have deadlines.

What pre-trial motions can be filed?

Any motion that is support by fact and law can be filed. Common pre-trial motions concern bail, continuance requests, discovery, dismissal of the information, disqualification of a judge, habeas(if preserved), severance of charges, severance from co-defendants, and suppression of evidence.

A defendant must also timely file notice to properly preserve certain defenses such as alibi and insanity.

How do you decide what motions should be filed?

We file pre-trial motions based on our review of the facts and the law. Every case is different and that is why we usually spend most of our time learning everything we can about the facts of a case. The importance of knowing the facts cannot be overstated. Without knowing the facts, you cannot win a case (unless you’re a prosecutor). We usually learn the facts of cases by speaking with our clients, witness interviews, visiting/researching the scene, reviewing discovery materials, watching police dash/body cam videos, watching/listening to recorded interviews, and by reading text or online communications. Nevertheless, we will do whatever we are ethically permitted to do to learn about and understand the circumstances of a case.

Even though, we work on criminal cases every day, there is almost always some research to perform before we file a motion. Since the law is always changing, we must make sure there is authority(a statute or binding case law) to support our argument. We also look for case law that is factually similar to our situation to bolster our argument.

What is an omnibus pre-trial motion?

Pennsylvania’s rules of criminal procedure require all pre-trial requests for relief to be filed in a single “omnibus motion.” For example, an omnibus motion may include motions for continuance, habeas relief, severance, suppression, psych evaluations, proposing or opposing the admission expert or scientific evidence, and any other motions the defense necessitates. It must be filed within thirty days of formal arraignment unless opportunity to identify the grounds for the motion did not exist.

A properly filed omnibus pre-trial motion is the avenue to reach a fair trial. If issues are not timely raised and fully litigated pre-trial, they are forever waived.

What is the writ of habeas corpus?

Habeas petitions challenge the legality of a person’s incarceration or required appearance before a court. It is a civil remedy; however, in Pennsylvania, the statutory writ lies only for commitments under criminal process. See 42 Pa.C.S. § 6501 et seq. A pre-trial motion for habeas corpus is the proper way to challenge whether the Commonwealth has sufficient evidence to establish a prima facie case.

To show a prima facie case, the Commonwealth must produce evidence of every material element of the offenses charged. They must also show that the defendant committed the crime. The weight and credibility of the evidence are not factors during this review. Therefore, at this stage, the Commonwealth’s burden is extremely low, and the evidence must be read in the light most favorable to their case.

We typically file a petition for the writ of habeas corpus when charges are bound over to the Court of Common Pleas that should have been dismissed at the preliminary hearing.

In general, a habeas petition cannot be filed after a preliminary hearing has been waived.

When can evidence be suppressed?

Suppression is the proper remedy when police obtain evidence in violation of the law, particularly a suspect’s constitutional rights. Failure to timely file a motion to suppress constitutes a waiver of the right to suppression.

What if pre-trial motions are denied?

Issues properly litigated pre-trial are preserved for post-trial appellate review. However, when a case is resolved with a guilty plea, it eliminates the opportunity to appeal the denial of pre-trial motions.  

Speak with a criminal defense lawyer about pretrial motions

Properly filed and litigated pre-trial motions win cases. If you are charged with a crime, call us today at 570-371-3737. You may have a suppression issue or be entitled to pre-trial relief. We are here to help and ready to fight.

‍