What types of motions can be filed in a criminal defense case?
In Alaska, many different motions can be filed in a criminal defense case. These motions are designed to help defend a person accused of a criminal act by providing additional evidence or information to the court. One of the most common motions is a motion to suppress evidence. This motion is used to challenge any evidence that was obtained illegally or unconstitutionally. For example, if the police searched someone’s home without a warrant, a motion to suppress the evidence can be used to have the evidence excluded in the trial. Another motion is a motion to dismiss. This motion is used to request that the charges against the accused be dropped. For example, if a suspect was arrested without probable cause, they can use this motion to get the charges dismissed. A motion for a new trial can also be filed if new evidence is discovered that could have impacted the outcome of the trial. This motion is usually filed when a new witness comes forward or exculpatory evidence is found. Lastly, a motion for a change of venue can be filed. This motion is used to request that the case be moved to a different court from the one currently hearing it. The defendant must provide a valid reason for why they want the case moved, such as if the current court is biased against them. These are just some of the motions that can be filed in a criminal defense case in Alaska. An experienced criminal defense attorney can provide advice on what other motions may be available and how to go about filing them.
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