What types of motions can be filed in a criminal defense case?

In Delaware, criminal defense attorneys have a few different types of motions they can file in a criminal defense case. These motions can be filed before, during, or after a trial. First, attorneys can file a motion to suppress evidence. This means that a judge will review the evidence and decide if it was collected illegally or if it violates any constitutional rights. If the judge decides that the evidence was collected illegally or without proper authority, it may be thrown out of court. Second, attorneys can file a motion to dismiss. This means that the defense believes that the state failed to present enough evidence to prove a defendant’s guilt “beyond a reasonable doubt.” If the judge decides that there isn’t enough evidence, the case may be dismissed. Third, attorneys can file a motion for a change of venue. This means that the defense believes the defendant cannot receive a fair trial in the jurisdiction where the charges were filed. If the judge agrees, the case may be moved to another jurisdiction or county. Finally, attorneys can file a motion for a mistrial. This means that the defense believes the judge or the prosecutor made a mistake during the trial, and the defendant did not receive a fair trial. If the judge agrees, the trial may be stopped and a mistrial declared. These are some of the most common motions that can be filed in a criminal defense case in Delaware. It is important to note that these motions are not always successful and may be denied by a judge.

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What types of motions can be filed in a criminal defense case?

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