What types of motions are used in criminal defense cases?

In criminal defense cases in Delaware, attorneys use a range of motions to help their clients. Motions are legal documents filed with the court in which an attorney states a legal argument. The three main motions used in criminal defense cases are Motion to Suppress, Motion for Discovery, and Motion in Limine. Motion to Suppress is a motion that asks a court to exclude certain evidence from being used during the trial because it was obtained in violation of a defendant’s constitutional rights. This evidence may be inadmissible because, for example, it was obtained without a valid search warrant or by using physical force. Motion for Discovery is a motion that requests the prosecution to provide the defense with all of the evidence they have relating to the case. This motion is important for the defense team because it allows them to adequately prepare their strategy for trial. Motion in Limine is a motion that asks the court to prohibit certain evidence from being used at the trial. This motion can be used to request that certain information not be mentioned during the trial, such as derogatory statements about the defendant or the victim. These three motions are commonly used by criminal defense attorneys in Delaware. By filing these motions, the defense can help their client by limiting the amount of evidence that can be used during the trial and ensuring that any evidence the prosecution does present is valid and legally obtained.

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