What types of motions are used in criminal defense cases?

In California, various types of motions are used in criminal defense cases in order to present arguments and obtain favorable decisions from the courts. Motions are requests made to the court that seek a ruling on a particular issue. One motion used in criminal defense cases is a motion to suppress evidence. This motion is used when a defendant believes that the prosecution’s evidence was collected illegally, such as through an unreasonable search or seizure. If the motion is granted, the evidence collected in violation of the defendant’s rights cannot be used against them in court. A motion to dismiss is also commonly used in criminal defense cases. This motion requests that charges against the defendant be dismissed because there is not enough evidence to prove the charges. This motion can be granted if the prosecution has failed to present enough evidence to establish the guilt of the accused beyond a reasonable doubt. A motion for a change of venue is also often used in criminal defense cases. This motion asks the court to change the location of the trial or hearing. This is done when the defendant believes they cannot receive a fair trial in the court’s current location due to public opinion or bias of the jury. Finally, a motion for a continuance is also often used in criminal defense cases. This motion asks the court for a delay in proceedings. This motion can be granted when the defense needs more time to prepare their case or when the prosecution’s evidence is insufficient. These are a few of the types of motions used in criminal defense cases in California. Each motion is used in order to present arguments and seek favorable rulings from the court.

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