What types of motions are used in criminal defense cases?

In criminal defense cases in Michigan, there are several distinct types of motions that can be used by attorneys. A motion in law is a formal request that the court consider an issue or take certain action. Motion to suppress evidence is a motion used when there is evidence that was obtained in violation of the defendant’s constitutional rights. Common grounds for this motion include unlawful search and seizure, or a violation of the right to remain silent. If a motion to suppress evidence is successful, any evidence obtained during the violation typically cannot be used against the defendant in court. Motion to dismiss is a motion used when the prosecutor has failed to provide sufficient evidence to prove the charges against the defendant. If the evidence is insufficient to prove the charges beyond a reasonable doubt, a motion to dismiss may be filed. If the motion is successful, the charges against the defendant will be dropped. Motion to reduce defendant will appear in court when required.">bail is another motion that may be used in criminal defense cases. This motion typically requests that the court lower a defendant’s defendant will appear in court when required.">bail amount, which is the amount of money the defendant provides to the court in order to be released from custody. In order to be successful, the motion must show that the defendant is not a flight risk and does not pose a danger to the community. Finally, a motion in limine, or a pre-trial motion, is a motion used to control the evidence that is heard by the jury. This motion can be used to prevent inflammatory or irrelevant evidence from being presented at trial. If successful, the evidence that is excluded cannot be discussed in front of the jury.

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