First off you need defense counsel that has a working knowledge of Nevada law, the criminal rules of procedure, and a willingness to litigate a case and not simply negotiate a resolution. Here are some ways that we litigate a criminal matter at the Spartacus Law Firm.
Motion to Dismiss. One of the most powerful and dispositive pre-trial motions is a Motion to Dismiss the case. Motions to dismiss can be based upon inadequate evidence to prove each and every element of the criminal offense. Motions to dismiss can also be successful if there was police or prosecutorial misconduct in your matter. Early disclosure of what is known as Brady/Giglio and Jencks material should be made by the State or Government in order to ensure that a criminal defendant has access to and sufficient time to review all relevant discovery material including exculpatory evidence. The failure to provide this material in a timely fashion can result in criminal charges being dismissed as a sanction against the prosecuting entity. Any prosecutor who has ever faced an accusation of a Brady/Giglio violation knows the uncomfortable emotions that go along with it. Suddenly it is not the defendant who is on trial but the prosecutor. At the Spartacus Law Firm we conduct a thorough review of pretrial materials and discovery along with our own independent investigation to ensure that no Brady/Giglio violations have occurred and if they have occurred we vigorously litigate the issue.
Motions in Limine. Motions in Limine are powerful defense tools to exclude certain evidence outside the presence of the jury. Excluding certain evidence can greatly weaken the prosecutions case and can result in a positive negotiated resolution or dismissal. Motions in Limine can also be used to include certain evidence which may be helpful for a defendant.
Motions to Suppress. Motions to Suppress evidence based upon 4th or 5th Amendment violations to the United States Constitution can often result in a dismissal of a criminal case. The grant of a suppression motion means the evidence can not be used in court. For example, if the police obtain a faulty warrant to search your residence and they find drugs, the object of the search may be suppressed. When the search warrant is challenged, because the warrant was faulty the drugs will be suppressed and the criminal case must be dismissed. Common evidence that may be suppressed include:
- Guns or weapons
- Results of a drug or alcohol blood test
- Financial records
- Wiretaps and audio recordings
- Witness Testimony