Criminal Defense Motions
Motion to suppress
This motion is frequently used by defendants who feel that evidence should not be used in trial. Defendants usually argue that their rights were violated under the United States Constitution and or their state constitution, and therefore the evidence was unlawfully obtained and should not be presented to a jury. These motions are commonly used and are often relatively successful.
Motion to dismiss traveling to meet a minor c(4)
This motion is used by a defendant when they feel there is no way a jury can find them guilty of the crime they are charged with. This usually occurs when a required component of a crime is not present. These motions are often denied by judges.
Motion to dismiss for entrapment in traveling to meet minor case
This motion is used by a defendant when they feel law enforcement officers baited them into traveling to meet a minor. These motions agree to the description of events as described by law enforcement, but point to the evidence and show that it manipulated the defendant into meeting a fictitious minor. These motions are often denied, but sometimes judges are convinced that a defendant would never have met a minor but for the conduct of the State.
Motion to dismiss exposure of sexual organs case c(4)
This motion is similar to the motion to dismiss for traveling to meet a minor. Essentially the motion asks the judge to dismiss the case because the defendant believes the State doesn’t have the evidence to prove the defendant willfully showed his/her sexual organs. This type of motion can only be used when someone reveals themselves in a public way.
Motion to suppress evidence because of lack of probable cause
This motion is used by defendants when they feel the State gained access to incriminating evidence by violating their 4 th amendment rights. This motion is frequently employed by defendants when police officers pull them over and drugs are discovered on their person or in their car. If the motion can show that the police officer pulled the driver without rationale, the motion may be granted by the judge.
Motion to suppress field sobriety test
This motion involves DUI cases. The motion attempts to convince a judge that the field sobriety test that was utilized to determine whether a person was intoxicated is not an appropriate standard to measure one’s sobriety. Some states prohibit the use of certain field sobriety tests. If the test is prohibited by case law or statute, a judge may grant the motion to dismiss a field sobriety test.
Motion to suppress breath test
This motion tries to convince a judge that a breath test result should not be admitted during trial. The motion might argue that because the test was administered improperly, the breathalyzer was defective, or the results were within a margin of error, the test should be dismissed.
Motion to compel breath test information
In a very rare case, the State may not show the results of a breathalyzer. In this instance, a defendant would submit this motion to a judge to try and convince him/her that the results of the breath test should be submitted into evidence. The evidence might exonerate the allegedly drunken person if they were not above the legal limit.
Motion to disclose identity of confidential informant in drug case
In cases where a defendant was arrested for the sale or purchase of drugs, the defendant can submit this motion to a judge to compel the State to disclose the identity of the person who helped make the arrest. Confidential informants are often used to arrest drug dealers. A judge would be more compelled to grant this motion if a defendant needed the identity of the confidential informant (C.I.) to build his defense.