Pretrial Motions in a Criminal Case
Before a trial, a slew of motions may be filed by the defense, which may greatly alter the charges being faced by a defendant, or in some cases, have them dismissed outright. Some of the commonly filed motions before a trial, include:
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 bringing the individual to trial for any actual crime
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