What is a motion in a criminal defense case?
A motion in a criminal defense case is a written request to the court that a certain action be taken in a criminal trial. This could include a request for the court to dismiss a charge based on a lack of evidence, to exclude certain evidence from the trial, or to suppress certain other information. It can also be a request for the court to make a ruling on an issue before the trial or to allow certain witnesses to testify. In Maryland, the motion is filed by the defendant’s lawyer and the judge then determines whether the motion has merit. If the judge decides the motion has merit, then the court may grant (allow) the motion or deny (refuse) the motion. In some cases, a motion hearing will be needed in which both sides of the case present their arguments for and against the motion. Motions are an important tool that defendants can use in criminal defense cases because they can allow a defendant to limit the amount of evidence against them in a trial. Because motions are so important, defendants should always seek legal advice before filing a motion. An experienced criminal defense attorney in Maryland can help defendants decide which motions are likely to help their case and can also provide assistance in filing and arguing motions in court.
Related FAQs
What are the rights of a criminal defendant during interrogation?How is a plea bargain negotiated in criminal defense law?
What is criminal defense law?
How can an attorney cross-examine a witness in a criminal defense case?
What is the difference between a felony and a misdemeanor in criminal defense law?
What is a motion for a directed verdict in criminal defense law?
What types of motions are used in criminal defense cases?
How does a criminal defense lawyer defend a client?
What is the sentencing process in criminal defense law?
What is a motion for a dismissal in criminal defense law?
Related Blog Posts
How to Construct a Solid Criminal Defense Case - July 31, 2023Proven Strategies for Successful Criminal Defense Lawsuits - August 7, 2023
Understanding Criminal Defense Law and its Impact on Your Case - August 14, 2023
Tips for Choosing the Right Criminal Defense Attorney - August 21, 2023
Crucial Steps to Take When Facing Criminal Charges - August 28, 2023