What Are Federal Motion Hearings for Your Federal Charges in Texas? 2024

What are Federal Motion Hearings for your federal charges in Texas? When you are facing federal charges in Texas, you will have to go through a formal hearing with the District Court known as a Federal Motion Hearing. At this hearing, your lawyer will have the option to make several pretrial motions that could impact the direction of your case, including filing motions that delay the start of your trial should your defense need additional time.

Federal Motion Hearings

The ultimate goal of Federal Motion Hearings is to navigate various issues that will be discussed at trial. A motion is an application made to the court by either the prosecution or the defense that requests the judge decide about certain issues before a trial can begin. These motions can affect the outcome of your case in many different ways, and they are a vital part of the District Court in Texas.

Different Kinds of Pretrial Motions

At your Federal Motion Hearing, the judge will decide based on written requests from both sides. To decide on a motion, the court may allow testimony to be heard. Federal agents and other law enforcement officials involved in the case may be allowed to submit testimony. Additional witnesses may be called depending on the details of the case. Types of pretrial motions that could be filed include:

• Motion to dismiss. A motion to dismiss may be filed to convince the judge overseeing your case to drop all charges and dismiss the case against you. If there is insufficient evidence against you or the prosecution’s case is not all that strong, your lawyer may be able to end this with a motion to dismiss. There are no guarantees that this will work.
• Motion to suppress. A motion to suppress may be filed to prevent certain statements or evidence from being introduced during the case. This largely includes any evidence that was obtained illegally or under duress, including confessions. If the police who obtained this evidence did so without probable cause, that could be grounds to have that evidence suppressed during the case.
• Motion for change of venue. A motion for a change of venue may be filed to have the trial moved to a different location. This is usually done when the case has a great deal of publicity. If everyone locally is aware of the case and has already formed opinions before evidence is introduced, it can have negative impacts on your defense. Changing the venue allows for a more impartial pool of jurors to pick from.
• Motion for discovery. A motion for discovery may be filed to request additional information and evidence that is relevant to the case. Both the prosecution and the defense can file a motion for discovery. It allows both sides to gather additional evidence that they can use to strengthen their respective cases.
• Motion for a protective order: A motion for a protective order may be filed to protect an individual relevant to the case, usually the defendant or a reluctant witness, from harassment, threats, or undue expenses. This motion may limit the disclosure of important documents and information during the court proceedings.

These are just a few of the types of motions that could be filed before your case begins. Your attorney will discuss with you the options for the types of motions that may need to be filed on your behalf or the types of motions the prosecution may file to sway your trial.

FAQs

What Is a Motion Hearing in Federal Court?

A motion hearing in federal court is an important court proceeding that precedes a trial. In a motion hearing, both the prosecutor and the defense attorney may make pretrial requests. The purpose of these motions is to resolve any relevant issues prior to the start of the trial, such as gathering more evidence, suppressing evidence, dismissing the case entirely, or applying a protective order. You must submit your pretrial motion in writing.

What Are the Three Most Common Pretrial Motions?

There are many kinds of pretrial motions, and all of them exist to help a court case get settled. Three of the most common pretrial motions include a motion to dismiss, a motion to suppress, and a motion to have evidence entered or forbidden from the trial. Both sides use each of these motions to attempt to ensure a fair and impartial trial.

How Long Does It Take to Respond to a Federal Motion?

A response to a federal motion must be made within 21 days of the request unless the court shortens or extends the response time. Otherwise, the time it may take the court to respond to a motion depends on the type of motion that is requested and the district in which it was requested. Federally, the response is supposed to be given within ten days unless the court decides to act sooner.

What Is a Federal Charge in Texas?

A federal charge in Texas is a felonious violation of a federal law of the United States. A federal charge is often brought about when a crime occurs in more than one state or involves interstate commerce. These charges are investigated and prosecuted by federal investigative agencies like the FBI, ATF, and DEA. Federal charges can often carry significantly higher penalties than some state charges. They are also tried in federal courts as opposed to state courts.

Contact Our Texas Criminal Defense Lawyer

It can be overwhelming to face federal charges for any crime. It can feel even worse to feel you are alone while facing the charges. An experienced criminal defense lawyer can ensure that your case is handled carefully and can make sure you are not taken advantage of by federal prosecutors.

At The Law Offices of Richard Kuniansky, we can help you make sure that your rights are protected and that you know you have a team on your side. We can help you develop your defense, gather the evidence you need to support your case, and protect your interests throughout this entire process. Contact us to schedule a consultation.