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Criminal Procedure and Motions during

Criminal Trials
During judicial proceedings, both sides may make requests of the judge,
known as “motions”.   Motions may be made verbally or in written form, which
will request anything from a simple change in the date of a trial to a motion to
dismiss the entire case.   In any case, motions may be made before, during, or
after a trial by either side’s legal counsel.

Basic Procedures for Filing a Motion

The average motion entails several stages, which include giving notice to the
other side about the intention of filing a motion, the hearing of the motion,
and the judge’s ruling on the motion.   During the filing of a motion, specific
reasoning and legal precedent must be cited by the filing party for the review
of the adversarial party.   During the hearing of a motion, either side may
make oral arguments to persuade a judge to rule in their favor.   In lieu of
filing motions if both sides agree, both sides may enter into a stipulation,
which probably has to be approved by a judge before taking affect.   Also,
defendants may not exercise complete control over the motions that their
attorney may make during the course of a trial, especially regarding those
motions filed in the middle of a trial that are usually resolved in front of the
judge immediately.  

Pretrial Motions in a Criminal Case

Before a trial, a slew of motions may be filed by the defense, which may
greatly alter the charges being faced by a defendant, or in some cases, have
them dismissed outright.   Some of the commonly filed motions before a trial,
include:

 Motion to modify bail, which requests a judge modify a defendant’s

bail status
 Motion to dismiss complaint, which request the judge to dismiss a
case on the basis of a insufficient criminal complaint against a defendant

 Motion for bill of particulars, which if approved by a judge, will

require the prosecutor to detail all charges, as well as the reason for
filing these charges

 Motion to reduce charges, which requests a judge reduce charges to

accurately charge a defendant for an alleged criminal incident

 Motion for change of venue, which defendants request their judicial

proceedings be moved elsewhere to ensure a fair trial

 Motion for to strike a prior conviction, which if approved by the

judge, will potentially prevent a defendant from facing the penalties and
other sentencing guidelines associated with a repeat offender or person
with a   criminal record

 Motion for discovery, which is a formal request for the prosecution to

turn over all evidence they possess regarding a defendant’s case

 Motion to preserve evidence, which forces the prosecution to preserve

all evidence until a defense investigator or expert can evaluate the
evidence

 Motion to disclose identity of an informant, which if approved, will

allow the defense to attack the credibility of an informant’s motives and
testimony

 Motion to examine police   personnel file, which can be requested if a

law enforcement officer’s past conduct and history is relevant to the
defense’s existing criminal charges

 Motion to suppress evidence, which if approved, will allow the defense

to exclude certain pieces of evidence that were obtained illegally,
coerced, or tainted in some manner
  Motion for speedy trial, which can expedite the process of a trial to
prevent government entities from refusing to release a defendant, but
also, not brining the individual to trial for any actual crime
Trial Motions in a Criminal Case
During trial, both sides can make motions to the judge.   For example, the
defense may file a motion in limine, which attempts to keep inadmissible
evidence out of the court and from the knowledge of jurors before it is even
introduced.   Another example, while much rarer, includes a motion to allow
jury to view crime scene, which forces the judge to accompany the jury at the
crime scene.   Typically, these motions must be strongly supported by the
defense to be approved.   In the event the prosecution shouts out
inadmissible evidence or testimony, the judge will order a motion to strike
testimony, which essentially orders jurors to forget what they just heard.  
Another common defense motion made during trial occurs following the
prosecution’s presentation of evidence.   At this point, defendants may motion
for dismissal because the prosecution failed to support a strong enough case
against a defendant to proceed.

Post-Trial Motions in a Criminal Case

For starters, if a jury returns a not guilty verdict, prosecutors cannot retry the
case at a new location, under an appeal, or at the request of the judge. If the
jury returns a guilty verdict, the defense is at liberty to file a number of post-
trial motions.   One of the more sweeping motions is the motion to a judge
requesting them to overturn a jury’s verdict.   This motion is rarely granted.  
Another option for defendants is to request another trial, which may or may
not be granted by the presiding judge.   Additionally, defendants can make a
motion to appeal to a higher court.