There is always legal housekeeping to do before the start of a criminal trial.
Prosecutors and defense lawyers file pretrial motions with the court.
These motions can include motions to suppress evidence, dismiss criminal charges, postpone the court proceedings or motions for discovery.
The judge also hears motions in limine where he or she decides, based on case law, what evidence is relevant or irrelevant during the trial.
Defense lawyers who object to evidence that will be admitted at trial or objects to any motion that is denied usually makes a record. This record of his objections is taken down by court reporter.
If the defendant who loses a pretrial motion and the case goes to trial and there is a conviction, the defense lawyer can then appeal the case to a court of appeals for a new trial.
The defense lawyer gets a copy of the record he or she has made through the court reporter and files it with the appeals court. This is why it is important to make a good record with the court.
Sometimes, however, the defendant can file what is called a writ in an appellate court seeking to reverse the court’s decision before the start of a trial.
Prosecutors, on the other hand, can immediately file that is called an interlocutory appeal to the appeals court when the court grants the defense a motion to suppress certain evidence.