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

In New York, the types of motions that can be filed in a criminal defense case are varied. These motions are generally intended to have certain judicial rulings in favor of the defense attorney. One type of motion is a motion to suppress evidence. This motion is used when evidence is obtained illegally and cannot be used in a trial. Additionally, a motion to dismiss can be used to argue that the case was not charged or prosecuted correctly. If successful, this motion would result in the charges being dropped. Another type of motion is a motion to set aside judgment. This is used when a defendant is convicted and sentences to jail time, and the defendant believes that there is a reason to be exonerated. This motion would require the court to reexamine all evidence before making a decision. A motion for a change of venue could also be used in a criminal defense case. This motion can be used when the defendant believes that a fair trial is impossible due to pre-existing bias from a certain group of citizens. In this case, the court would agree to move the trial to a different location. Finally, an alibi motion can be filed when a defendant believes they were somewhere else at the time of the alleged crime. This motion would require the defendant to provide evidence proving that they were not in the area when the crime occurred. All of these motions are powerful tools available to those who seek to defend themselves in a criminal trial.

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