The Criminal Justice System: A Guide for Law Enforcement ... - NHTSA

during its deliberations due to lack of agreement). A mistrial generally means a retrial on
the same subject.
Motion in Limine A request to the court, made before the start of a trial, asking
the judge to make a decision on a legal matter. The judge’s decision will impact how the
case proceeds. Motions made by defense counsel could include Motion to Exclude
Evidence (e.g., based on lack of reasonable suspicion for the stop and/or probable cause
for arrest). The prosecution might request a court order for the production of the
defendant’s substance abuse treatment records.
Order A direction by a judge that something be done or not be done. For
example, a judge may order evidence suppressed, which means the prosecution may not
offer the evidence at trial. Or a judge may issue an “order of protection” commanding a
defendant to have no contact with a victim.
Parole Supervision by a State parole officer of an inmate after his or her release
from State prison. Contrast probation, which is supervision at the local level by a county
probation officer (see probation, below).
Post-Conviction and Post-Judgment Motions Used to attack guilty findings. As
part of these motions, the defendant may seek an evidentiary hearing to bring to light
facts not litigated during the trial. For example, a defendant who is challenging the
competence of his attorney may bring a post-judgment motion and request an evidentiary
hearing to bring to light matters that transpired between attorney and client.
Preliminary Hearing (Felony Hearing) Generally speaking, a defendant who is
arrested on a felony charge and held in jail has the right to an impartial testing of the
evidence within a certain time frame after arrest. One way to test the evidence is to
present the case to the grand jury. In States that do not use the grand jury system, and in
rural areas where grand juries sit less frequently, it is more common to test the evidence
at a preliminary hearing.
Defendants sometimes agree to waive their right to a preliminary hearing, for a
variety of reasons, including a desire to avoid a public airing of the evidence or an
agreement with the prosecution to waive the hearing in exchange for disclosure of
information about the prosecution’s case.
For lower level felonies, it is very common for defendants to be released on their
own recognizance at arraignment, or to have posted bail by the time of the preliminary
hearing. This removes the reason for holding the hearing—to test the evidence
justifying detention—and so no hearing is held.
Pre-Trial Motions and Hearings A motion is a request by which a party
(prosecution or defense) asks a judge to issue an order. For example, in criminal cases,
pre-trial motions by defendants commonly include motions for dismissal of the
indictment and for suppression of evidence.
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