What is the difference between mandatory pretrial and discretionary motions? 2 Answers as of March 22, 2011

What is the difference between mandatory pretrial and discretionary motions?

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Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
Mandatory pretrial is a hearing when you or your attorney tells the court what you are doing with the case. Generally, there are three paths you can take from mandatory pre-trial; first, you can set the case for trial, second, you can plead guilty or set a hearing for a guilty plea, third, you can continue the pretrial hearing to another date so you and your attorney have time to review police reports and evidence before making a decision. The third option usually requires you to waive your speedy trial rights for a certain time and is often the most-common approach. Discretionary motions in the trial court level mean motions where the judge can decide whatever he or she wants as long as it is reasonable and based on settled law. The judge is said to exercise discretion or his or her own judgment. If you would like to discuss any of this further, please feel free to drop me a line.
Answer Applies to: Washington
Replied: 3/22/2011
Mercado & Hartung
Mercado & Hartung | Stephanie Hartung
A mandatory pretrial is a court appearance that you are required to attend by order of the court, whereas a motion hearing is a discretionary hearing that can be brought by your attorney. Motions are requests, like a request to suppress evidence. The moving attorney will present evidence to the judge in support of his/her position. It is a hearing on a type of evidence or to request something from the court.
Answer Applies to: Washington
Replied: 3/21/2011
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