“Never underestimate the power of an effective pre-trial motion.”
Pre-trial Motions Defined
Rule 16 of the Arizona Rules of Criminal Procedure governs Pre-trial motion practices for both the prosecution and defense in DUI or criminal case. They take place following the defendant’s arraignment and prior to trial, and set limits or boundaries for trial. After a pre-trial motion has been filed, a short hearing will be held with the Judge, prosecutor, and defense attorney. The court will allow both sides to argue their position, and then the judge will rule on it (grant or deny). Trial may not commence until the issue (s) raised in the pre-trial motion are resolved.