what are examples of motions that a defense attorney might use in a criminal case?

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.

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What are the different types of motions in a criminal case?

Think of it like Motions being different tools on the defense attorney tool belt. Common motions might include: Motions to Suppress Evidence. Motions for Discovery. Motions to Exclude Witnesses. Motions to Dismiss. Motions to Exclude Evidence. Motions in Limine. Motions for a …

Can a defense file a motion in a criminal case?

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.

What are the basic procedures for filing a motion in court?

Mar 31, 2020 · A lawyer would most often file this type of motion when the police seize evidence in violation of your personal constitutional rights under the Fourth, Fifth and Sixth Amendments. Some examples of Constitutional motion are: Motion to suppress evidence, Motion to Suppress Statements, and Motion to Dismiss an Indictment.

Why are motions important in a criminal case?

Sep 30, 2021 · Here are three examples of cases where a federal criminal defense attorney might be needed. 1. Money Laundering. Money laundering is the process of converting dirty money (obtained through criminal activities like smuggling or drug trafficking) into clean money (obtained through legitimate means).

What is a defense motion?

A defense attorney could file a motion – a request for the judge to decide an issue – before, during, or after a trial. If the judge agrees, it might lead to a charge's dismissal by the judge or make the prosecutor's ability to carry their burden of proof so limited the charges may be withdrawn.May 21, 2021

What are the types of defenses in criminal cases?

When it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys employ: innocence, constitutional violations, self-defense, and insanity.

What are the three most common pretrial motions?

Common pretrial motions include:Motion to suppress. ... Discovery Motion. ... Motion to change venue. ... Motion to dismiss. ... Motion to disclose identity of informant. ... Motion to modify bail.

What is the most common defense used in a criminal trial?

The most commonly recognized of these defenses are self-defense and defense of others. A defendant may argue, for instance, that he did shoot an intruder but did so in self-defense because the intruder was threatening him with a knife.Oct 15, 2021

What are the 4 types of defenses?

In criminal cases, there are usually four primary defenses used: innocence, self-defense, insanity, and constitutional violations. Each of these has their uses, and not all cases can use these defense strategies.Oct 11, 2019

What are examples of legal defense?

Below is a brief description of some of the most common legal defenses applicable to California criminal offenses....Accidents. Accidents happen. ... Alibi. ... Coerced Confessions. ... Double Jeopardy. ... Duress. ... Entrapment. ... False Accusations / Wrongful Arrest. ... Insanity.More items...

What is an example of a motion?

What is Motion? The free movement of a body with respect to time is known as motion. For example- the fan, the dust falling from the carpet, the water that flows from the tap, a ball rolling around, a moving car etc.Jan 17, 2022

What is a discovery motion?

A motion for discovery is a legal request to the court in a civil trial. The request asks the court to mandate that the opposing council and party turn over a given piece of material or information. It occurs during the pre-trial process in which each party prepares his or her case to present to the judge.Mar 8, 2022

Which of the following are considered pre-trial motions?

Among the most common pre-trial motions include:Motion to Suppress: This motion attempts to restrict certain statements and evidence from being introduced as evidence at trial. ... Motion to Discover. ... Motion to Dismiss: An attempt to get the judge to dismiss a charge or case altogether.More items...•Nov 12, 2020

What are the 10 common defenses as recognized by our judicial system?

Types of defenses in a Court of LawMental disorder (insanity)Automatism.Intoxication.Mistake of fact.Necessity/lesser harm.Lawful capacity of office.Self-defense.Duress.More items...

What are the six defenses for legal responsibility?

These are six conventional approaches to defending people from criminal prosecution.Affirmative Defense.Coercion and Duress.Abandonment and Withdrawal.Self-Defense.Defense-of-Others.Violations of Constitutional Rights.Aug 17, 2021

What is a justification defense examples?

Examples of justification defenses include: Self defense; Acting to prevent a crime from being committed; A reasonable misunderstanding of the facts surrounding the event; Protecting others from harm; and.Jan 30, 2018

What is a motion in a court case?

During judicial proceedings, both sides may make requests of the judge , known as "motions". Motions may be made verbally or in written form, which will request anything from a simple change in the date of a trial to a motion to dismiss the entire case. In any case, motions may be made before, during, or after a trial by either side's legal counsel.

What is a motion in a criminal trial?

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 ...

What are the motions filed before a trial?

Some of the commonly filed motions before a trial, include: Motion to modify bail , which requests a judge modify a defendant's bail status.

What is a motion to preserve evidence?

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.

What happens if a jury returns a not guilty verdict?

For starters, if a jury returns a not guilty verdict, prosecutors cannot retry the case at a new location , under an appeal, or at the request of the judge. If the jury returns a guilty verdict, the defense is at liberty to file a number of post-trial motions. One of the more sweeping motions is the motion to a judge requesting them to overturn a jury's verdict. This motion is rarely granted. Another option for defendants is to request another trial, which may or may not be granted by the presiding judge. Additionally, defendants can make a motion to appeal to a higher court.

Why do you file a motion to dismiss?

Other reasons a motion to dismiss can be filed include withdrawal of the complaint, a lack of jurisdiction, and a pretrial settlement.

What is a motion to suppress?

Motions to suppress can also request the exclusion of physical evidence or the exclusion of witness testimony.

What is a pretrial motion?

A pretrial motion is a motion, or request, that is filed after the preliminary hearing of a case. These motions can pertain to civil or criminal cases, but are more often used in criminal cases and are generally filed by the defense. Motions need to be brought before a judge after pretrial hearings but prior to the start of the trial.

When are pretrial motions filed?

Since the amount of a bail bond is usually set during the preliminary hearing, pretrial motions are generally filed after a defendant has been granted or denied bail.

What is summary judgment?

Summary Judgment. When cases go to trial, the prosecution and the defense are usually presenting two separate arguments. However, in some cases, the two parties may be in agreement about most or all of the facts.

What is a motion for change of venue?

Motion for Change of Venue. A motion for change of venue can be filed in order to request that a trial take place in a different location. In criminal cases, the trial generally occurs in the county in which the crime took place.

Can you return a property that was taken as evidence?

By filing this type of motion, an attorney can request that this property be returned. The rules governing a motion for the release of evidence can vary by state. Generally, in order for a property to be returned, it must be something that can be duplicated or something that’s not vital to the trial. For example, if documents have been taken into evidence, original copies might be returned because duplicates can be made.

What is a legal motion?

Legal motions are one of the most common facets of the American justice system and they ensure that controversial or disputed issues related to a case can be settled quickly and efficiently so that the case itself can ultimately be resolved in an effective manner.

What is a motion to dismiss?

A motion to dismiss, which is more popularly known as “throwing out” a case, is requested when one side (usually the defendant) contends that the plaintiff’s claim is not one on which the court can rule. In other words, when a motion to dismiss happens, the moving party is not contesting the facts as presented by the other party, ...

How many types of motions are there?

Eleven Types of Legal Motions in U.S. Law. For a court to take most actions on an issue that is in dispute, either party in a case must ask the court to decide on that issue. When a plaintiff, prosecutor, or defendant asks the court or judge to rule on a specific issue, that request is known as a motion. Legal motions are one of the most common ...

What is discovery motion?

Discovery motions. During the discovery process both parties to a lawsuit or case will collect information and evidence that they can then use to build their case. The discovery process, like its name suggests, is when the prosecution and defense make efforts to discover all the facts of the case.

What is a motion to compel discovery?

A number of different motions can be used to ensure that both sides are able to handle the discovery process to the best of their abilities. If the other party fails to respond to a request for information, for example, then a motion to compel discovery of that information could force that party to provide a response.

What is a motion for summary judgment?

Motion for summary judgment. A motion for summary judgment is perhaps the most frequently made motion. While not always available in all cases, the motion for summary judgment is made before the trial begins. This motion asks the judge to make a decision on the case without going to trial. Such a motion can only occur if none of the facts ...

What is a motion for a directed verdict?

Another motion that shares features with a motion for summary judgment and a motion to dismiss, a motion for a directed verdict is one whereby one party (in this case, the defense) asks the court to end the case. A motion for a directed verdict is made by the defense after the prosecution has already rested its case.

What is a motion in criminal law?

A motion, in the most basic sense of the term, is a request of the judge. In response, the judge can either approve or dismiss the motion. As with most aspects of criminal defense, most people are unaware of how, when, or what type of motion to file. While your criminal defense attorney is there to handle these aspects of ...

What is a motion for dismissal?

Motion for Dismissal: a request made after the prosecution presents evidence to have the case dismissed as the prosecution has failed to give a strong enough case to prove the defendant’s guilt. In addition to these, another more rare motion is a motion for access to and preservation of the crime scene.

What are post trial motions?

Post-trial motions occur after the jury has reached a verdict. It is important to note that if the jury returns a not guilty verdict, the prosecution cannot have the case retried by requesting an appeal or requesting to change the location of the trial. However, if the jury reaches a guilty verdict, the defense can file a host of post-trial motions. Some of the most common post-trial motions include: 1 Motion to Set Aside the Verdict: a request to have the judge overturn the verdict 2 Motion to Alter or Amend a Verdict: a request to have the case retried 3 Motion for a Judgment Notwithstanding the Verdict: a request to have the judge issue a verdict that is contrary to what the jury rendered.

What is a motion to set aside a verdict?

Motion to Set Aside the Verdict: a request to have the judge overturn the verdict. Motion to Alter or Amend a Verdict: a request to have the case retried. Motion for a Judgment Notwithstanding the Verdict: a request to have the judge issue a verdict that is contrary to what the jury rendered. Defense teams usually file post-trial motions in cases ...

Can a jury return a not guilty verdict?

It is important to note that if the jury returns a not guilty verdict, the prosecution cannot have the case retried by requesting an appeal or requesting to change the location of the trial. However, if the jury reaches a guilty verdict, the defense can file a host of post-trial motions. Some of the most common post-trial motions include:

What is a motion to dismiss?

Motion to dismiss. A motion to dismiss a charge or case is asking a federal judge to dismiss some charges or entire case. A common reason for this type of motion is lengthy procedures that violated the defendant’s right to a speedy trial.

What happens if a defendant is convicted of a crime?

If a defendant is convicted, their criminal defense lawyer can seek an appeal based on an error being made during the pretrial motion proceeding. Pretrial motions determine what a jury is allowed to see and hear. Motion that are granted by the judge will limit the evidence that is to be evaluated by the jury.

What happens after a preliminary hearing?

After a preliminary hearing in a federal court, a defendant will typically remain in regular communication with their lawyer in order to prepare for trial. This includes discussion over any pretrial motions that may have already been filed, or some they are planning to file. Most defendants don’t have an understanding of how pretrial motions work, ...

Who can file a pretrial motion?

It’s important to remember that pretrial motions can be filed by either the defense lawyer or prosecutor. If the prosecutor decides to file a motion, then your federal criminal lawyer must respond to the motion to convince the judge to deny it.

What is a suppression motion?

Suppression motion. However, the most common federal pretrial motion is a suppression motion. With this type of motion, the federal criminal lawyer moves to suppress evidence, or prevent the prosecutor from using it at trial. This motion normally includes suppression of evidence, such as a drugs or a weapon that were seized in a search, ...

What is an evidentiary hearing?

This is commonly known as an “evidentiary hearing” that is designed to resolve any disputed facts.

What does the judge do in a court case?

As stated, the judge will take into consideration the defense motion and the prosecutor’s response and make a decision. In some cases, a decision can’t be made without more arguments or evidence. If the judge wants additional arguments, both sides will have to provide oral arguments. The hearing has to be conducted without the presence of the jury. ...