When the criminal defense work begins, the criminal defense attorney usually begins to file motions with the court. A motion is basically a request that the court does or does not do something, and it is up to the judge whether to grant or deny the request. The attorney prepares the motion, not the client, and it is generally the attorney who decides what the motions will be. Common examples of motions are for dismissal of a case, the striking of pleadings, the striking of testimony, requesting a more particular statement in a pleading, requesting summary judgment, and requesting judgment notwithstanding the jury verdict. Motions can sometimes slow the pace of a case, but often, they expedite a case or even get a case thrown out of court. If the suspect has retained a lawyer, the lawyer should be the only person filing motions with the criminal court.
The information on this page does not represent legal advice. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced Ft Lauderdale criminal defense lawyer like Kenneth Hassett.