What is a motion in a criminal defense case?

A motion in a criminal defense case is a request to the court to make a ruling. The most common motions in criminal defense cases seek to suppress evidence or dismiss charges against the defendant. In Hawaii, motions can be made pre-trial, during trial, or post-trial. When a motion is made pre-trial, the defense will make an argument that the evidence being used against them was obtained illegally, and it should not be allowed in the case. If the court agrees, then they can suppress the evidence, meaning that it cannot be used in the trial. In some cases, a motion to dismiss charges may also be filed, if the defense believes that the evidence against their client is insufficient to support the charges. When a motion is made during trial, the defense may ask the judge to allow certain evidence to be admitted even if it would normally be excluded. For example, they may ask the court to allow a witness to testify even if they have not been properly subpoenaed. After the trial is finished, the defense may make various post-trial motions. Common post-trial motions include those to set aside a guilty verdict, reduce a sentence, or set aside a sentence. If these motions are successful, the defendant may be granted a new trial, be sentenced to a lesser punishment, or be released from the sentence they were given.

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What is a motion in a criminal defense case?

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