What types of motions are used in criminal defense cases?

In criminal defense law, motions are types of requests that can be made to the court. Each motion is based upon a specific set of legal arguments that must be supported by facts and evidence. In Virginia, some of the common motions used in criminal defense cases include motions to suppress evidence, motions to dismiss, pleadings or motions to compel discovery, motions for continuance and motions in limine. A motion to suppress evidence is typically filed when the defense believes that evidence was obtained unconstitutionally, such as if the police obtained evidence without a valid search warrant or violated the defendant’s Miranda rights. A motion to dismiss is usually filed when the defense believes that the prosecution does not have enough evidence for a conviction or that the laws or procedures were not followed correctly. Pleadings or motions to compel discovery are often used to get evidence from the prosecution that the defense believes is necessary for the case. Once the defense has the evidence, they may file a motion for continuance which would ask the court to delay the trial proceedings. Lastly, a motion in limine is typically used to prevent potentially damaging or irrelevant evidence from being presented to the jury during the trial. All of these types of motions can be a useful tool for defense attorneys in criminal defense cases to help protect the rights of the accused and ensure a fair trial.

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