![]() This clearly states that without securing a properly executed warrant, police cannot enter your dwelling, vehicle or place of business, perform a search and then arrest you based on their findings. Unreasonable searches and seizures by law enforcement agencies protect citizens under The Fourth Amendment to the United States Constitution. In the pre-trial phase of a criminal case, a defense attorney may choose to file Motions that he believes may significantly modify charges which his client is facing or he may try to have the charges against the client terminated through a Motion to dismiss, which requests a judge to dismiss a case on the basis of various apparent valid reasons which include a dismissal based on an insufficient criminal complaint against his client.Īn insufficient criminal complaint against a defendant might be dismissed for the following reasons, to name a few: If a movant verbally requests a Motion in open court it will be summarily granted or orally denied by the judge. The contrary party opposing the Motion is identified as the nonmoving party or nonmovant. Motions can be requested from a judge before, throughout, or after a trial by both the prosecutorial body and the defense, although that capacity is regulated by court rules which may differ from one place to another.ĭefense counsel or a prosecutor requesting a Motion is the moving party, or movant. ![]() Motions can vary in importance from any matter such as a simple change of a trial date or a brief delay of trial, to a Motion to dismiss all charges against a defendant. ![]() A Motion can be made in writing or verbally and can resolve many important issues before a trial begins. However, there are many sub-categories to these parent Motions that come up during all phases of a trial that will be explained in part below.Īs was also discussed on the pre-trial hearings page of this Website, Motions are technical maneuvers to convey a request used by both the prosecuting entity and defense before a judge for consideration with the anticipation of receiving a positive outcome of a limited, disputed matter during a criminal proceeding. They are termed as follows: Motion to dismiss, Motion to compel, Motion for summary judgment, Motion to set aside judgment, Motion in limine, Motion for new trial, Motion for directed verdict, Motion for judgment (not withstanding verdict) and Motion for Nolle Prosequi. ![]() There are usually nine categories of Motions in civil and criminal proceedings as well as any prior hearings to a trial. ![]()
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