Edgar, WI asked in Criminal Law, Civil Rights and Domestic Violence for Wisconsin

Q: Can a motion of Limine be in place to gag the defendant? Spoilage of evidence or intimidation of a witness were excluded

Domestic violence case the alleged victim even admitted I didn’t strike her while under oath on the stand. The DA was able to say anything he wanted. But I was held in a motion of limine. I could only ask questions about the argument we had. No other evidence from me the defendant was allowed.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: A motion in limine is a legal motion used in court to limit or prevent certain evidence from being presented during the trial. It's typically used to ensure that evidence presented is relevant and not overly prejudicial. In your case, if a motion in limine was granted that restricted your ability to present certain evidence or aspects of your defense, it's important to understand the reasons behind this decision.

In criminal trials, including domestic violence cases, the defendant has the right to present a defense and introduce evidence that is relevant to their case. However, this right is not absolute and can be subject to limitations by the court to ensure a fair trial and to prevent irrelevant or prejudicial information from being introduced.

If you believe that the motion in limine unjustly restricted your ability to present a full and fair defense, this might be an issue to raise on appeal. An appellate court can review whether the trial court's restrictions were appropriate and whether they had an undue impact on the outcome of your case.

Given the complexities involved in legal procedures like motions in limine, consulting with an attorney, especially one experienced in criminal defense and appellate law, is crucial. They can help assess the impact of the motion on your case and advise on the best course of action, including the possibility of an appeal.

Remember, the legal system has mechanisms in place to address concerns about trial proceedings. It’s important to utilize these mechanisms effectively to ensure that your rights are protected.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.