Most criminal cases don’t end in a trial. They’re resolved through plea deals that reflect the strength and weaknesses of the case for each party – defense and prosecution. But when the parties cannot reach an agreement, the case moves toward trial. That doesn’t mean trail prep starts right away. First comes a crucial phase that many overlook: pretrial litigation. We call this shaping the battlespace.
What is the Battlespace?
In military terms, the “battlespace” refers to the environment, factors, and conditions that must be understood to successfully apply military power, protect the force, and accomplish the mission. It encompasses all physical domains (land, air, sea, space), the information environment (including cyberspace), and the electromagnetic spectrum, as well as the time, terrain, and political and cultural influences that impact military operations.
Shaping the battlespace is when a military takes actions before the battle to give it the best possible odds of winning. Think of the air campaign before the Gulf War or the D-Day deception tactics before Normandy.
In a criminal case, pretrial litigation is how we shape the battlespace
Trial Battlespace
Preparing the battlespace involves filing strategic pretrial motions—motions to exclude evidence, compel discovery, or even dismiss the case due to missing or mishandled evidence.There are numerous pretrial motions that can be filed before a trial, and if done right, they can limit the prosecution’s freedom of movement, forcing them to commit to positions that cannot be reversed later without weakening their argument.
For example, even if a motion to dismiss fails, it might prevent the prosecution from using key evidence at trial—because their earlier arguments locked them in.
Winning
Many defense attorneys skip or downplay pretrial litigation. They become so focused on preparing for trial that they forget about pretrial litigation and its vital role in preparing the trial battlefield before the first witness takes the stand. At Stone River Law we excel at using pretrial litigation to prep the battlespace. That approach leads to better outcomes—cases dismissed before trial or stronger positions in court.
With the right legal strategy, the trial can be fought—and won—before anyone steps into the courtroom. That’s how we practice defense at Stone River Law. And we love to win.