Robin Shellow Attorney | MILWAUKEE CRIMINAL ATTORNEY | WHY THE SHELLOW GROUP FILES SO MANY MOTIONS | MILWAUKEE CRIMINAL LAWYER
There is no simple answer other than that they must be considered for a client to be properly represented.
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1.888.SHELLOW • MILWAUKEE, WI • 414.263.4488 • THE SHELLOW GROUP

Criminal Defense
Preparation

Why The Shellow Group
Files So Many Motions


Why does the Shellow Group file so many pretrial motions? There is not a simple answer other than that they must be considered for a client to be properly represented. However, there are answers to this question which are not platitudes.

The law of indictment is arcane and based not only on federal rules but on centuries of English and American legal opinions. An indictment must meet certain defined, but complex, requirements and, if it does not, it must be dismissed. So pretrial motions to dismiss the charges must be considered.

  • Sometimes, the statute under which the charges are brought violates the State or Federal Constitution. So pretrial motions to dismiss the charges must be considered.
  • Sometimes, even though the charges are properly framed and the statute is constitutional, a prosecution may be barred because a statute of limitations prevents a prosecution. So pretrial motions to dismiss the charges must be considered.
  • Sometimes, even though a statute of limitations does not bar the prosecution, it is barred by constitutional protections against double jeopardy. So pretrial motions to dismiss the charges must be considered.
  • Sometimes, even though the prosecution is not barred, a prosecution may be selective or discriminatory. So pretrial motions to dismiss the charges must be considered.
  • Sometimes, evidence was secured in violation of a defendant’s constitutional rights. So pretrial motions to suppress this evidence must be considered.
  • Sometimes, the prosecution intends to rely on evidence which is not admissible. So pretrial motions in limine to exclude this evidence must be considered.
  • Sometimes, the defendant intends to rely on an alibi or mental illness. Notice must be given of these intents.
  • Sometimes, it would be unfair to try two defendants at the same time. So pretrial motions for separate trials must be considered.

All such motions must be considered and researched. If such motions are granted by the judge, the case may be dismissed or the trial will be more fair.

Our Milwaukee Criminal Defense Attorney will advise you on how to proceed

If such motions should have been granted by the judge, but were denied, and the defendant is convicted, the denial of the motion can be raised on appeal. Ordinarily, nothing can be raised on appeal if it was not presented to the trial judge.

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