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 particular action be taken. The action requested could be a change in the evidence presented at trial, a request to change the judge or jury, or any number of other decisions that may affect the outcome of the case. In Mississippi, criminal defense attorneys have the right to file a motion to suppress evidence, which is evidence obtained illegally. If the motion is successful, the evidence is not considered and the case is weakened or dismissed. Other motions, such as a motion to dismiss, can be used to challenge the prosecution’s case and argue that the charges should be dismissed due to one reason or another. In addition, the defense attorney may also file a motion for severance, which is a request to have two or more criminal cases tried separately. The defense attorney argues that the evidence in one case would be unfairly prejudicial to the other if they were tried together. In a criminal defense case, motions are an invaluable tool that can be used to strengthen the defendant’s case. They can be used to get inadmissible evidence ruled out and even to get the case thrown out entirely. A skilled defense attorney knows how to use motions to the defendant’s advantage and will use them whenever possible to help secure a favorable trial result.
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