What is a motion in a criminal defense case?

A motion in a criminal defense case in New York is a formal request made to the court to take certain actions or make certain rulings. These requests can be made to the judge, or in some cases the prosecutor or another party. Generally, motions are used to change the course of a criminal defense case by seeking a ruling from the court that might favor the defendant’s interests. For example, the defendant’s lawyer may file a motion to suppress evidence if the evidence was obtained through an illegal search or seizure. In this scenario, the motion asks the court to throw out the evidence so that it is not allowed to be used against the defendant in trial. In some cases, the motion may even lead to the dismissal of the criminal charges entirely. In addition, a defendant’s lawyer may file motions to limit the scope of the testimony of certain witnesses or to call in additional witnesses. Lastly, lawyers may also file motions to seek the return of property to the defendant that was seized as evidence and to seek sentencing reductions for their client. In summary, motions are a common tool used by criminal defense lawyers in New York to help their client’s case. These motions can help secure a favorable outcome for the defendant, whether it be a dismissal of charges, a reduction in sentence, or the return of property.

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