Preparation for Trial

Criminal Procedure: Pretrial Events Preparation for Trial

Introduction to Preparation for Trial

The defendant is entitled to a speedy trial, although not so speedy as to deny sufficient time to prepare an adequate defense. The defendant may ask for a postponement if more time is needed. Although the defendant is entitled to be tried in the county or district where the crime was committed, he or she may file a motion asking the court for a change of venue-that is, a move of the trial to a court in another locality. A change of venue is common when a fair trial in the district would be impossible due to pretrial publicity or public hostility to the defendant. Prior to the trial, the prosecutor is required to turn over to the defendant information favorable to him or her on issues that will be tried.

The defense may file a variety of pretrial motions objecting to various aspects of the prosecution. These motions may challenge the sufficiency and form of the charging documents or the composition and conduct of the grand jury. Or they might request that the prosecution share the evidence it has obtained. If the defense believes that the prosecution’s evidence has been obtained illegally, the defendant may file a motion to suppress the evidence. If the court grants such a motion, the prosecutor will not be permitted to introduce the evidence at trial.” (1)

Resources

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Notes and References

• Information about Preparation for Trial in the Encarta Online Encyclopedia

Guide to Preparation for Trial

In this Section

Pretrial Events, Investigation and Arrest, Pretrial Events Booking, First Judicial Appearance, Bail, Preliminary Hearing, Arraignment on the Indictment and Preparation for Trial.