With decades of criminal defense experience, Cofer Luster Law Firm, P.C. doesn’t only defend and win criminal cases, but we also go on the offensive through detailed criminal defense investigation to get federal criminal charges dismissed pre-trial. Through extensive investigation, our criminal lawyers have the ability to review evidence, witness statements, video footage, interviews, photos, and more to find the holes and missing pieces of information that is left out of the prosecutions case.
For example, under the Federal Rules of Evidence, Rule 608. Impeachment by Evidence of a Criminal Conviction, a witnesses’ character can be attacked if they have been untruthful. While this may apply generally, it’s best if this holds specific to the case at hand and even more so, their statements. If we find impeachment material that has not been turned over, we may attack the witnesses’ testimony and credibility to the point that the government prosecutor won’t find they have sufficient means to charge the defendant and cause the case to be dismissed before ever going to trial.
In fact, much of our work at Cofer Luster Law Firm, P.C. happens outside of a courtroom. The nuts and bolts of what we do is in the investigation of evidence, testimony and the like. By finding the flaws in the charges against our clients, we have built a trusted reputation among those charged of crimes in Dallas Fort Worth, Texas, and throughout the United States.
To get the right criminal defense attorney’s to fight your federal case and investigate every detail thoroughly to find those key details that may get your case dismissed, call Cofer Luster Law Firm, P.C. today!
Pretrial Motions
According to the Federal Rules of Criminal Procedure, Rule 12 states that in a federal criminal case, a party may raise by pretrial motion any defense, objection, or request that the court can determine without a trial on the merits. The most common pre-trial motions include:
- Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case. This may be done if there is not enough evidence, if the alleged facts do not amount to a crime.
- Motion to Suppress – an attempt to keep certain statements or evidence from being introduced as evidence. For example, if police conducted a search without probable cause (in violation of the Fourth Amendment), it may be possible to suppress the evidence found as a result of that search.
- Motion for Change of Venue – may be made for various reasons including pre-trial publicity. If the local news has covered the case a great deal, it may be necessary to move the trial to another venue to protect the defendant’s right to an impartial jury.
Common Grounds for Dismissal
Since we’re looking directly at the Motion to Dismiss, it’s important to know that in order to file a motion to dismiss, you need common grounds for a dismissal of criminal charges that could include:
- Lack of Jurisdiction
- Lack of Evidence
- Statute of Limitations
- Lack of Due Process
- Violation of Speedy Trial Right
- Defective Charging Document
Pre-trial Motion to Dismiss
By building an effective defense, we can make a motion to dismiss your case by showing:
- a defect in instituting the prosectution
- a defect in the indictment or information
- suppression of evidence
- severance of charges or defendants under Rule 14. Relief from Prejudicial Joinder
- discovery under Rule 16.
Typically Rule 16 can be used for the benefit of the defendant under the following circumstance:
(a) Government’s Disclosure
(G) Expert Witnesses. At the defendant’s request, the government must give to the defendant a written summary of any testimony that the government intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence during its case-in-chief at trial. If the government requests discovery under subdivision (b)(1)(C)(ii) and the defendant complies, the government must, at the defendant’s request, give to the defendant a written summary of testimony that the government intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence as evidence at trial on the issue of the defendant’s mental condition. The summary provided under this subparagraph must describe the witness’s opinions, the bases and reasons for those opinions, and the witness’s qualifications.
This second sentence under (G) Expert Witnesses gives wide discretion to the court in dealing with the failure of either party to comply with a discovery order. Such discretion will permit the court to consider the reasons why disclosure was not made, the extent of the prejudice, if any, to the opposing party, the feasibility of rectifying that prejudice by a continuance, and any other relevant circumstances.
If the government fails to provide a written summary of testimony that would greatly impact the case, then it may be possible to have the undisclosed evidence tossed out. If sufficient evidence is removed from the case, then it can be possible to make a motion for dismissal based on insufficient evidence of a crime.
Contact a Top Texas Federal Criminal Attorney Today
Call the attorneys at the Cofer Luster Law Firm, P.C. at (682) 777-3336 to represent you in any federal criminal case in Texas or anywhere in the country. We will do all the work necessary to help you put your federal criminal case behind you and do everything possible to have your federal criminal case dismissed pre-trial.
