Motions and Criminal Proceedings You Should Know About

During most judicial proceedings, both sides have to make certain requests to the judges. This is called motions. Now motions could be made either verbally or even written. It could request for something as simple as changing the date of the trial to even dismissing the whole case. However, the motion could be made only when the trial is occured, before it has started or after a trial by any of the legal counsel from both sides. In today’s post, we are going to have a look at the different motions we often see at criminal trials.

Pretrial motions

Before a trial begins, several motions could be filed by the defense. This can alter some of the charges that the defendant faces, or in several cases, get them dismissed straight away. A few of the common ones include:


  • Modifying the bail is one of the motions that requests the judge to modify the bail status of the defendant.
  • Another motion requests the judge to let go of the basis because of insufficient complaint against the criminal.
  • The bill of particular motions is one where the prosecutor will have to detail all the charges along with the reasons needed for filing them. This only occurs once the motion has been approved by the judge.
  • The motion to reduce charges includes asking a judge to reduce all the charges in order to charge the defendants for an act of crime.
  • Change of venue is another motion many of you may be familiar with. This includes all the defendants requesting the proceedings to be shifted from one location to another to make sure the trial is fair.
  • Another motion popularly seen in criminal cases is related to speedy trials. This expedites the whole process whether it is refusing the defendant or releasing them.
  • Motions to exclude certain pieces of evidence also exist. However, this applies only for those that have been attained in an illegal or tainted manner.


Trombetta Motion

Trombetta motions is defined as a legal motion that can be defined by a criminal lawyer only when the court has evidence regarding the case that seemed helpful towards the defendant or even the evidence that was mishandled or destroyed by the prosecutor or the police. A defense lawyer, in this case, will request the judge to reduce all charges or even dismiss the case as evidence will be helpful towards the defendant.


Post trial motions

If the jury declares that the accused is not guilty, no prosecure can try the case for another time in a different location. If the verdict is returned, the defense will have the freedom to file the post trial motions. A common motion here is the motion to request a judge to overturn the verdict of the jury. This one is rarely ever granted. Another option also includes for the defendants which are to ask for another trial that could be granted by the judge or maybe not. Along with that, the defendants can easily motion to appeal towards a higher court.


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