What is a motion in a criminal defense case?

A motion is an oral or written request made to the court by an attorney in a criminal defense case. Motions are used to ask the court to make a ruling or to take a certain action. In Florida, motions may be submitted to the judge for consideration in a criminal defense case before trial or during trial as well. One common motion in a criminal defense case is a motion to suppress evidence. This type of motion can be used by a defense attorney to ask the court to throw out evidence that was illegally or unconstitutionally obtained by the police or other law enforcement. If the motion is granted, the evidence is excluded from trial and cannot be used in the defendant’s case. Other common motions in a criminal defense case include motions for a continuance, which is a request for an extension of time before a court hearing or trial, and a motion for a mistrial, which is a request to end the trial and bring in a new jury for a completely new trial. In general, a motion in a criminal defense case is an important tool used by a defense attorney to ensure that the defendant’s rights are protected throughout the case. The motion must be well-supported by evidence and clearly explain the reasons why a certain action is being requested. It is important to have an experienced criminal defense attorney to assist with preparing and filing motions in a criminal defense case.

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