Judge Denies Paxton’s Motions to Dismiss
A judge denied defense motions to toss out the three indictments in Attorney General Ken Paxton’s case. Paxton’s defense team has 30 days to decide whether to appeal the judge’s decision to a higher court.
Pre-trial motions such as this are very important in criminal cases. Criminal attorneys file pre-trial motions in all criminal cases set for trial and must have the trial judge rule on the motion to preserve error. Cases are rarely thrown out with a pre-trial motions; however an adverse ruling by a judge can make an excellent legal point to appeal. Many cases have been lost at trial but won on appeal.
In a high publicity case like the Paxton matter, it becomes even more unlikely that a trial judge will rule on a defense motion that will end a criminal prosecution. These cases are almost always destined for a trial.