An attorney advertises (in one place) that his ‘specialties’ include ‘criminal motion practice’ and then posts this to a general someone-please-answer-my-question site:

What are some of the standard pre-trial motions attorneys file in criminal cases?

Most of my court-appointed cases usually end up with a plea deal at the preliminary hearing, or the DA and I work out a plea before indictment (PBI). However, I have two cases where my clients are refusing plea deals, and we are headed to trial. Both have been indicted.

I am aware of the standard "Brady" motion; but are there others which are useful?


I can’t decide whether to post a link to where I ran across this tidbit. I’ll take a poll in the comments section. Should I or shouldn’t I? 

  • I thought about critiquing the question, but then a phrase from law school came into my head:

    Res Ipsa Loquitur.

  • I don’t think it is necessary to call out whomever wrote it. But with an answer like that, I think it would be nice for your readers to hear how you might answer the question.

  • mk

    Don’t link it. At first I thought you should, but why potentially make an enemy?

  • Given that you’ve quoted the text verbatim, is it really that hard to find now?

  • That is well, more than a little horrifying. I would not link it, and I’m with elvez1975, get someone to help or get new counsel.

  • Jeffrey Deutsch

    Hello Jamie,

    Link it. Good lawyers need to police their ranks, and that includes calling out bad lawyers. If they don’t police themselves, others will – and should – do the job themselves.

    The genie is out of the bottle on this one. I found the site in a matter of minutes. It’s too late now to actually protect your not so competent colleague. Your choice now is to either step up and do the right thing for all to see, or look like you lack both the courage of your convictions and the ability to foresee the consequences of your actions.


    Jeff Deutsch