What Is A Motion in Limine in Georgia?
Motions are a routine part of every type of case. They are used to protect your rights and to ask the judge to make a decision, grant an order, or a ruling on a case. They can be done at any point in your case, but some motions that are required to be made at the beginning or else they are waived. One of the benefits of having a lawyer who specializes in criminal law is that they are familiar with what motions need to be filed and how to make them work to your advantage. Every type of law is different and don't be fooled into thinking that any lawyer can handle your criminal case. Lawson and Berry and their team of Georgia Criminal Defense Attorneys only handle Georgia criminal cases. There is no case they haven't dealt with before so trust them with your case.
Why File a Motion in Limine
The term “in limine” means “on the threshold.” A motion in limine is a motion used to request the court to limit or prevent certain evidence from being presented by the other side at trial. It seeks to limit evidence that is irrelevant, inadmissible, or prejudicial to the requesting party. This motion is usually filed before trial, so the jury doesn't see the evidence and become prejudiced. Sometimes a judge will consider it during a trial before the opposing evidence is presented. However, the downside of this is that the “cat is already out of the bag” in a sense. Even if the judge grants the motion to exclude the evidence, the jury has already heard it, and it could still influence their decision.
If the motion is granted, then the proposed evidence is prohibited from being presented. If the motion is denied, then the evidence can be admitted.
Anytime you or your attorney feel like damaging evidence that is not admissible or relevant to the case is going to be present, a motion in limine should be filed. Your interests should be protected at all costs and motions in limine are just one way to accomplish that goal.
Example of Evidence that Might Require a Motion in Limine
In a case of battery, the prosecution may seek to introduce gruesome pictures of the injuries to the victim although some of the injuries were not from the defendant. The defendant may request to have the pictures excluded because their gruesome nature could unduly influence the juror's decision in favor of the plaintiff.
Another example is a case of a man charged with possession of marijuana. The prosecution wants to present evidence of the defendant's lies about using marijuana previously in order to cast him in the light of dishonest. The defendant wants this evidence excluded, so it doesn't make him look like a liar and the juror distrust him.
If a Motion in Limine is Filed Against You
As with other types of motions, you have the option of filing an opposition or objection to a motion in limine. In the motion, you must demonstrate how the proposed evidence is relevant to the case or admissible under the Federal Rules of Evidence.
Motions are just a regular part of a lawyer's job description but filing them on your own can be confusing. Don't take a chance with your future; contact Georgia's premier criminal defense firm. Our attorneys have decades of criminal experience and are truly the best. Our office is open 24/7 so contact us today for a free case evaluation.