What is a motion in a criminal defense case?
A motion is a formal request to the court in a criminal defense case in California. It states that the defense attorney wants the court to take a certain action. A motion can be made at any time in a criminal defense case and can be used to ask the court to do things like dismiss charges, suppress evidence, reduce defendant will appear in court when required.">bail, or continue a hearing. Motions can also be used by the defense attorney to ask the court for a ruling on how to handle things like evidence discovery or pretrial motions. In such cases, the defense attorney will usually provide legal arguments to support the request. The prosecution usually responds to the defense attorney’s motion by filing their own motion in opposition. If the court decides to grant the motion, it will issue a written decision stating the exact action it will take. In some cases, the court may also hold a hearing on the motion. This hearing gives both sides an opportunity to present arguments and to answer questions asked by the court. Once the motion is decided, the court’s decision will be reflected in the official court records. This is important because the court’s decision may affect the outcome of the criminal defense case.
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