What types of motions are used in criminal defense cases?
Motions are a common tool used by attorneys in criminal defense cases. In Florida, a motion is defined as “a written or spoken request to a court to issue an order to do something.” Essentially, a motion is the defense attorney’s way of making a legal argument to a judge. The types of motions used in criminal defense cases vary depending on the circumstances of the case. For example, a motion to suppress evidence is generally used when the defense attorney believes that a piece of evidence was obtained unlawfully. Another common motion is a motion to dismiss, which is when the defense attorney asks the court to dismiss the case on legal grounds. Additionally, a motion for a continuance is when a defense attorney requests that a trial be delayed for a specified amount of time. This is often used when the defense needs more time to prepare their case for trial. Finally, a motion to suppress confessions is used when a defense attorney believes that a confession was involuntarily obtained, or that it was obtained without the defendant’s knowledge of their legal rights. In conclusion, motions are an important tool used by criminal defense attorneys in Florida. By using various motions, defense attorneys can potentially get evidence thrown out or delay the trial. Ultimately, the types of motions used vary depending on the circumstances of the case.
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