Ensuring that Only Admissible Evidence Makes it to Trial
Some Judges rule on written motions. They read them in their chambers. Others allow the Prosecutor and Defense to make oral arguments before the Court. Arguments are made in Court at a "hearing". A lawyer will file a written Motion and request or schedule a hearing before the Judge. Often times the Prosecutor carries the burden of convincing the Court that certain evidence was lawfully obtained (a confession for example) and should be admitted to trial. Your lawyer will advocate against admissibility.

An Evidentiary hearing requires that the Prosecutor call witnesses in order to carry his burden of proof. The Defense may cross examine these witnesses and may also choose to call witnesses who refute the Prosecutors position. The Judge will hear from the witnesses under oath, hear argument from the lawyers as to facts and law, consider case law and ultimately render a ruling by issuing an Order either orally or in writing. A favorable Order (i.e. excluding evidence) could change an entire case.

Jeffrey Feiler and The Feiler Law Firm truly care about you. Call us at 1-888-LAW-XCEL (888-529-9235) whenever you, a family member or friend is facing a hearing. Let us help you with your most difficult and serious legal problems.