Motions are formal requests that your defense lawyer or the prosecutor can use before a trial begins to request the court to decide on a specific issue. In many instances, motions can be used as criminal defense strategies as they can significantly change the outcome.
Any good criminal defense law firm knows precisely when and how to use motions to the advantage of its clients. Here is everything you need to know about motions and their usage in criminal defense strategies!
Pre-Trial Motions
When it comes to criminal charges, defendants might attend several hearings before trial. In some hearings, the court will read the charges against you and allow you to enter a plea.
Pretrial conferences also occur where the opposing parties report on the status of the case, and this is where several types of motions can be used, which we’ll discuss in greater detail below.
When you work with a criminal defense lawyer, you will be made aware of motions and how they can be used in your favor. Together with your lawyer, you can use pre-trial motions in an attempt to change the outcome of your case. Still, you need to have strong communication with your lawyer so they can represent you in the best way possible.
Motions in Criminal Defense Strategies
There are several ways motions can be used by your lawyer in criminal defense strategies. Among the most common motions are the following:
Motion to Dismiss
This type of motion is a request to the judge to dismiss the charges against the defendant and stop a trial from taking place. It is used when there isn’t strong enough evidence to prove that the defendant committed a crime or that the evidence collected against the defendant doesn’t constitute a crime.
Motion to Suppress
Among the most common motions used as criminal defense strategies is the motion to suppress. This type of motion is a request for the judge to restrict certain pieces of evidence brought against the defendant or even statements that have been made.
For example, if the police officers arrested you without probable cause, then your defense attorney can file a motion to suppress the statements that you made before your arrest. Also, authorities often collect evidence that is inadmissible in court due to the manner in which they were procured. If the police obtained evidence illegally during their search or the case relies on testimonies of unreliable witnesses, these can be suppressed through this motion.
Motion to Change Venue
The motion to change the venue where a defendant will be tried is also a good defense strategy. It mostly occurs in high-profile criminal cases, and it acts on the presumption that the jury won’t act impartially toward the case due to the pre-trial publicity that might have created prejudices.
Motion to Discover
Before a trial, the opposing parties must exchange information regarding the evidence and witnesses that will be used in the trial. When a motion to discover is issued, the parties must share evidence.
This is a good defense strategy as it buys time and information for your legal team to prepare a response to what the other side plans to argue. When you know what the opposing party will do, it’s easier to come up with a defense for it.
Trusting Your Criminal Defense Lawyer
Your criminal defense lawyer can use many other motions in your defense apart from the ones stated above. It all depends on your lawyer’s competency and the circumstances of your case.
In some instances, your lawyer can use these motions to either dismiss the criminal charges against you or use them in such a way as to reduce your sentencing. What is important is to choose a criminal defense lawyer who has your best interest at heart and is experienced in the type of criminal charges you face.
You shouldn’t worry about motions, as they aren’t plea deals but mere requests that will affect your case positively if they are used well. No matter what type of motion your lawyer decides to use, you will be informed beforehand and understand exactly what the strategy entails.
