What types of motions are used in criminal defense cases?

In criminal defense cases, motions are used by the defense attorney as a way to try and get a more favorable outcome for the defendant. Motions may be used to dismiss the charges against the defendant, reduce the charges or sentences, or suppress evidence. The most common types of motions used in criminal defense cases in North Carolina are: Motion to Dismiss: This is usually the first motion filed by the defense attorney. The motion is based on the idea that the state does not have enough evidence to prove the case against the defendant. Motion to Suppress Evidence: This motion is filed when the defense attorney believes that the police did not follow proper procedures when gathering evidence. This motion is intended to keep the evidence from being used in court. Motion to Reduce Charges: This motion is filed in order to get the defendant a lesser charge than the one they have been charged with. The basis for this motion is that the defendant may be innocent of the charge or the punishment may be too severe given the details of the case. Motion for Judicial Discretion: This motion is intended to get the court to exercise its discretion when determining a sentence for the defendant. The basis for this motion is that the defendant deserves a more lenient sentence based on circumstances such as their mental health, their criminal history, the facts of the case, etc. These are just a few of the motions that are commonly used in criminal defense cases in North Carolina. Depending on the circumstances of the case, defense attorneys may choose to file other types of motions. It is important to speak with a qualified attorney to understand your rights and options in criminal defense cases.

Related FAQs

What types of motions are used in criminal defense cases?

Related FAQs

Related Blog Posts