So your case is rolling along – you’ve had your initial court date, you’ve met with your lawyer a couple of times, and then at the next meeting he tells you “Ok, we need to file a motion.” What does that mean?
A motion is asking the court for something. To keep evidence out. To continue your court date. To get you a new trial. In order to keep a clean and legal record, attorneys are required to request most things of the court in writing. Frequently case law will accompany the motion – this is so the attorney can show that judge that what he or she is requesting is the right thing. Also, the other side has the opportunity to respond with their own motion.
Sometimes a judge can decide the outcome of your motion (the “ruling”) without a hearing. He or she will send out an order directing each side what to do. But sometimes the judge needs to hear argument or testimony before she can rule on your motion. At that point the motion is set for a hearing, and the judge will listen to both sides before deciding.
Motions must be carefully written. There is frequently a statute or rule of criminal procedure that directs them. Often there is case law. Plus, you must be prepared for the other side’s counter argument. Motions are very important to your case – and one of the best reasons to call Dunham and Ingram is that competent experienced attorneys know how to review your case for proper motions.