Felony Oral Argument and Evidentiary Hearing

What are Felony Oral Arguments and Evidentiary Hearings?

felony dui oral arguments and evidentiary hearingsIf there is a legal issue in a case, such as a Miranda violation or an unlawful stop, the criminal defense attorney will file a motion with the court.

Oftentimes, an Oral Argument will be set for the judge to hear the attorneys make arguments regarding the issue. This is an opportunity for the judge to ask the attorneys questions regarding their legal positions.   If the legal issue also involves a factual issue involving witnesses in the case, the judge may also set an Evidentiary Hearing.

An Evidentiary Hearing is an opportunity for the the judge to hear the testimony of witnesses which may be necessary to resolve the legal issue in question.

Usually at the end of the Oral Argument and Evidentiary Hearing, the judge will make a ruling in the case and decide which side the judge agrees with.  If the judge agrees with the criminal defense attorney, evidence could be suppressed, meaning the prosecutor will not be allowed to use that evidence, or the whole case could end up dismissed.

Usually after the Oral Argument and Evidentiary Hearing, the next hearing is an Felony Pretrial Management Conference.


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