07-12-2012, 05:56 PM
defining certain motions may be helpful:
Motion to modify bail, which requests a judge modify a defendant’s bail status
Motion to dismiss complaint, which request the judge to dismiss a case on the basis of a insufficient criminal complaint against a defendant
Motion for bill of particulars, which if approved by a judge, will require the prosecutor to detail all charges, as well as the reason for filing these charges
Motion to reduce charges, which requests a judge reduce charges to accurately charge a defendant for an alleged criminal incident
Motion for change of venue, which defendants request their judicial proceedings be moved elsewhere to ensure a fair trial
Motion for to strike a prior conviction, which if approved by the judge, will potentially prevent a defendant from facing the penalties and other sentencing guidelines associated with a repeat offender or person with a criminal record
Motion for discovery, which is a formal request for the prosecution to turn over all evidence they possess regarding a defendant’s case
Motion to preserve evidence, which forces the prosecution to preserve all evidence until a defense investigator or expert can evaluate the evidence
Motion to disclose identity of an informant, which if approved, will allow the defense to attack the credibility of an informant’s motives and testimony
Motion to examine police personnel file, which can be requested if a law enforcement officer’s past conduct and history is relevant to the defense’s existing criminal charges
Motion to suppress evidence, which if approved, will allow the defense to exclude certain pieces of evidence that were obtained illegally, coerced, or tainted in some manner
Motion for speedy trial, which can expedite the process of a trial to prevent government entities from refusing to release a defendant, but also, not brining the individual to trial for any actual crime
Trial Motions in a Criminal Case
During trial, both sides can make motions to the judge. For example, the defense may file a motion in limine, which attempts to keep inadmissible evidence out of the court and from the knowledge of jurors before it is even introduced. Another example, while much rarer, includes a motion to allow jury to view crime scene, which forces the judge to accompany the jury at the crime scene. Typically, these motions must be strongly supported by the defense to be approved. In the event the prosecution shouts out inadmissible evidence or testimony, the judge will order a motion to strike testimony, which essentially orders jurors to forget what they just heard. Another common defense motion made during trial occurs following the prosecution’s presentation of evidence. At this point, defendants may motion for dismissal because the prosecution failed to support a strong enough case against a defendant to proceed.
Motion to modify bail, which requests a judge modify a defendant’s bail status
Motion to dismiss complaint, which request the judge to dismiss a case on the basis of a insufficient criminal complaint against a defendant
Motion for bill of particulars, which if approved by a judge, will require the prosecutor to detail all charges, as well as the reason for filing these charges
Motion to reduce charges, which requests a judge reduce charges to accurately charge a defendant for an alleged criminal incident
Motion for change of venue, which defendants request their judicial proceedings be moved elsewhere to ensure a fair trial
Motion for to strike a prior conviction, which if approved by the judge, will potentially prevent a defendant from facing the penalties and other sentencing guidelines associated with a repeat offender or person with a criminal record
Motion for discovery, which is a formal request for the prosecution to turn over all evidence they possess regarding a defendant’s case
Motion to preserve evidence, which forces the prosecution to preserve all evidence until a defense investigator or expert can evaluate the evidence
Motion to disclose identity of an informant, which if approved, will allow the defense to attack the credibility of an informant’s motives and testimony
Motion to examine police personnel file, which can be requested if a law enforcement officer’s past conduct and history is relevant to the defense’s existing criminal charges
Motion to suppress evidence, which if approved, will allow the defense to exclude certain pieces of evidence that were obtained illegally, coerced, or tainted in some manner
Motion for speedy trial, which can expedite the process of a trial to prevent government entities from refusing to release a defendant, but also, not brining the individual to trial for any actual crime
Trial Motions in a Criminal Case
During trial, both sides can make motions to the judge. For example, the defense may file a motion in limine, which attempts to keep inadmissible evidence out of the court and from the knowledge of jurors before it is even introduced. Another example, while much rarer, includes a motion to allow jury to view crime scene, which forces the judge to accompany the jury at the crime scene. Typically, these motions must be strongly supported by the defense to be approved. In the event the prosecution shouts out inadmissible evidence or testimony, the judge will order a motion to strike testimony, which essentially orders jurors to forget what they just heard. Another common defense motion made during trial occurs following the prosecution’s presentation of evidence. At this point, defendants may motion for dismissal because the prosecution failed to support a strong enough case against a defendant to proceed.