What is a motion in a criminal defense case?
A motion in a criminal defense case in Massachusetts is a legal document filed with the court that asks the judge to make a ruling on an issue related to the current case. This could include a motion to suppress evidence because it was obtained illegally, to dismiss charges because of lack of evidence, or to reduce charges or sentences. The motion is usually argued in a hearing where the defense attorney or the prosecutor presents evidence and makes arguments to either support or oppose the motion. The primary purpose of the motion is to ask the judge to make a ruling on the issue so that the defense can protect their client’s rights. When the motion is successful, it may result in the charges being reduced or dropped. Even if the motion is unsuccessful, the judge’s ruling will provide important information about the case that can be used for defense strategy. In addition to motions made by the defense regarding specific evidence or charges, the defendant may also make motions regarding the amount of defendant will appear in court when required.">bail or for the release of the defendant on their own recognizance. This is a request to the judge to release the defendant without defendant will appear in court when required.">bail until the court proceedings begin. The court may accept or reject the motion, which is why it is important to work with a qualified criminal defense lawyer who can make these arguments effectively.
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