What types of motions are used in criminal defense cases?

In criminal defense cases in Hawaii, there are several types of motions that may be used. The most common motion is a motion to suppress evidence. This motion is filed when evidence has been obtained or gathered by law enforcement in violation of the defendant’s constitutional rights. The goal of this motion is to keep this illegally obtained evidence from being used in the trial. Another motion that may be used is a motion for a bill of particulars. This motion is used to ask the prosecutor for more specific details surrounding the charges against the defendant. This motion can help to narrow down the scope of the case and clarify the legal issues. A motion to dismiss is also sometimes used in criminal defense cases. This motion is used when the defendant is arguing that the government has not presented enough evidence to prosecute the case. This motion also argues that the evidence presented is not sufficient enough to support conviction. Lastly, a motion for a change of venue can be used in criminal defense cases. This motion is filed when the defendant believes that he or she will not receive a fair trial in the current location due to a number of factors, including the opinion of the community, the publicity of the case, or the relationship of the jury to the defendant. This motion is used to try and ensure that the defendant will receive a fair trial.

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