In criminal defense practice, pretrial litigation and motion practice are often more limited than in the civil arena. Nevertheless, there are critical pretrial opportunities that can be leveraged not only to address substantive legal issues and preserve arguments for appeal, but also to create strategic advantages for the defense.

This CLE program explores a more nuanced and strategic approach to pretrial litigation in criminal cases. It emphasizes that success is not solely defined by prevailing on a motion. Even when a motion is denied, it can still advance the defense by shaping the record, influencing the prosecution’s strategy, educating the court, or positioning the case more favorably for negotiation or trial.

Attendees will gain insight into how thoughtful and purposeful pretrial motion practice can serve as a powerful tool in building an effective criminal defense.