In some cases, our clients benefit from filing and litigating pretrial motions. So what does that mean? A motion is just a formal request for the judge to take some action. We use motions for a number of reasons, but oftentimes because we believe that pursuing a motion will help our clients resolve their case in the best way possible. Some motions will result in critical evidence being tossed out, some will result in a case being dismissed, while others help us present hte best possible defense at trial. Lawyers have an ethical obligation to only file motions that are supported by the facts and the law, which varies widely by the case. In other words, an issue that may be appropriate to litigate in one case may not be appropriate in another. In a criminal prosecution there a wide range of motions that we file. Here are some of the more common ones:
Motion to dismiss the criminal complaint ("4-corners motion"). We file these motions when we believe that the criminal complaint does not have enough facts in it to allege that a crime has been committed.
Motions to Modify Bail or Bond. Very often our clients need to adjust conditions of bond or request reduction of the amount of cash required before they are released.
Motion to Suppress Evidence. We file this motion when we believe that police illegally obtained evidence that the prosecution is trying to use against our clients. There are a huge number of circumstances that this could apply to, but we frequently challenge evidence obtained from traffic stops, warrantless arrests, faulty search warrants, frisks or patddowns, Act 79 probation searches, and subpoenas for documents like cell phone or banking records.
Motion to Suppress Statements. We file this motion when we believe that the police have illegally taken a statement from our clients that they are trying to use against them in court. Common issues include a failure to read Miranda warnings before custodial interrogation (a legal term of art that we will explain in a future post), statements taken after a client invoked their right to have silent or to have an attorney present, and statements that were given under circumstances where they were involuntary.
Motion to Compel or Exclude Discovery. Discovery violations by prosecutors remain surprisingly common and we sometimes have to ask a judge to require a prosecutor to turn over or exclude evidence.
Motion to Admit Other Acts Evidence. Sometimes an accuser has a history of criminal or dishonest acts that are relevant to defending our clients in court. We ask the judge to allow us to present this evidence at trial through an Other Acts Motion.
Motion to Admit Rape Shield Evidence. In a sexual assault prosecution evidence that a complainant has previously consented to previous sexual encounters or lied about being a victim of sexual assault must be litigated before trial to determine whether the "rape shield" (a statutory presumption that all evidence of prior sexual experiences is irrelevant) applies.
"Outlaw" Motion to Identify a Confidential Informant. We aren't automatically entitled to know the identity of an informant, but when necessary to a defense, we can ask the judge to identify the informant before trial. This is called an Outlaw Motion after the name of the case that started the practice (great case name for a criminal matter!).
Denny Motion to Identify an Alternate Suspect. Named after the case State v. Denny, this motion asks a judge to allow our clients to show that another person may have committed the crime.
Motion for Custom Jury Instructions. Jury instructions are what jurors rely upon to apply the law to the facts in a criminal case. The problem is that sometimes the form instructions are outdated and confusing. We file this request pretty regularly in certain cases to make sure the law is clear. We also commonly request custom jury instructions on our theory of defense, so the jurors are aware of exactly what evidence they must consider when determining whether a case has been proven beyond a reasonable doubt.
Motions in Limine. These are short form motions that are filed before most jury trials that ask the judge to set rules for how the trial will proceed. They are generally not contested, but are important to handle before trial so that any violations can be dealt with efficiently.
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