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Motions in Limine

The Commonwealth always has the burden of proof in a criminal case. And to meet that burden, the Commonwealth needs evidence. Depending on the circumstances, your attorney may win your case even before your trial begins by limiting the evidence that the Commonwealth can present against you. You may be familiar with motions to suppress evidence, which challenge evidence that the police obtained in violation of your constitutional rights. This may include physical evidence, your statement, or an eyewitness identification.

Another important way to limit the evidence is through a Motion in Limine, which seeks to exclude evidence that is not admissible according to the Pennsylvania Rules of Evidence. Some examples of evidence that is generally not admissible include:

  • Evidence that is not relevant because it does not tend to prove or disprove any of the facts that are at issue in the trial;
  • Evidence that is unfairly prejudicial;
  • Evidence of prior criminal convictions;
  • Testimony by a witness who has no personal knowledge of the matters he or she would testify about;
  • Most opinions by witnesses who are not recognized by the court as expert witnesses;
  • Hearsay, which is a statement made outside of court and offered to prove the truth of the matter asserted in the statement;
  • Evidence that is not authenticated by some reliable means.

In many cases, the prosecution and defense will not agree on whether certain evidence is admissible and will battle it out during pre-trial motions. Cases can be won or lost at this stage, so it is important to have an attorney who knows the Rules of Evidence inside and out!

About Our Firm

The Law Offices of David S. Santee represents individuals in criminal, civil, and immigration matters throughout the Commonwealth of Pennsylvania. Attorney Santee brings nearly two decades of legal experience to bear for each client. He has handled thousands of cases over the course of his career and has taken several hundred cases all the way to trial. He represents clients in administrative hearings, at trial, on appeal, and in post-conviction proceedings.

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See What Our Clients Have to Say

  • “I have had the privilege of working closely with Mr. Santee for over 5 years and have relied on his superb skills and excellent judgement to assist me in completing complex cases to successful outcomes. Our organization wouldn’t be where we are today without the strong relationship we have with Mr. Santee.”

    Thomas Martin Vice President, Baker Tilly Capital
  • “Mr. Santee represented me on my appeal. He got my conspiracy charge reduced and my sentence cut in half so that I ended up with time-served. He saved me four years of parole!”

    K.T. Lawncrest
  • "I thought I was going to die in prison. However, today I can see the light at the end of the tunnel because of the dedication and hard work of Attorney at Law David Santee. Anyone who is seeking true representation from an attorney who is not going to take your money and sell you out should consider David Santee because he will ensure your rights are protected."

    Luis Gonzalez Former Juvenile Lifer

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Serving all of Pennsylvania

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