What is a motion in a criminal defense case?

A motion in a criminal defense case is a formal request to a judge or court to make a specific ruling or order. It’s a way for defense attorneys to ask the court to do something specific in a particular case. In Delaware, motions typically involve requests for the court to provide a particular ruling or outcome that the defense attorney believes is necessary for a favorable outcome in the criminal case. For example, a motion could be filed asking the court to exclude evidence from being considered at trial if the defense believes it was obtained unlawfully. A motion could also be filed asking the court to dismiss the charges altogether if the defense believes they are unfounded or unconstitutional. Motions in criminal defense cases can also be used to seek to limit certain information from being presented during the trial. As an example, a motion could be filed asking the court to prevent the prosecution from introducing certain evidence at trial that the defense believes is prejudicial or inadmissible. Motions in criminal defense cases play an important role in ensuring the accused receives a fair trial and the best possible outcome in court. As such, defense attorneys must be aware of the types of motions they can file and the rules regarding the filing of motions in Delaware.

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