San Diego Criminal Lawyers Blog
Anyone who has seen a courtroom drama on the big screen or on television has heard lawyers make motions. Although you have probably never really thought about them, the truth is they can make an enormous difference in the outcome of a trial.
What are Motions?
Motions are written requests made by prosecutors and defense attorneys in criminal courts for the judge to make certain decisions—judgments– before or during a trial. They are formal appeals for rulings that will boost their odds of success in the trial.
Motions Commonly Made
There are many types of motions that may be requested in a criminal trial. Some of the most common motions include:
- A Motion to Dismiss: In some cases, a request is made for the judge to dismiss a case completely before it even starts. The request could be on the grounds that the court does not have jurisdiction on the matter, there is not enough evidence to support the charges, the alleged facts do not amount to a crime, or the statute of limitations has run out, for example.
- A Motion for a Change of Venue: In widely publicized trials, pre-trial publicity may threaten the impartiality of any potential jurors, so an attorney may ask that the trial be moved to another county or state in order to protect the right of a defendant to a fair trial.
- A Motion to Suppress: This is a request for the judge to exclude particular evidence at trial. There could be multiple reasons for this, such as because one side believes the evidence has been tampered with, it was illegally obtained, there were problems with the chain of custody, or there is some other issue with the evidence in question.
- A Motion for Discovery: There are times when the opposing party drags their feet in sharing documents, witness lists, and other information they have uncovered during the discovery process, even though the law requires them to provide such information to opposing counsel. An attorney may file a Motion to Compel, which can force them to produce information, witnesses, and documents they have been withholding.
- A Motion for Summary Judgment: One party may ask the judge to decide the case midway through a trial based on what has already been presented. It is based on a belief that the material facts of the case point to an obvious conclusion that is indisputable. If the judge agrees that the facts of the case are not in dispute, a summary judgment can wrap things up quickly and easily.
Boertje & Associates
At the San Diego office of Boertje & Associates, you can count on our criminal defense attorneys to be prepared to deal with all aspects of a trial, from the technical and intricate details to the execution of well-designed examinations of witnesses on the stand. To discuss your situation, schedule a confidential consultation today.