Motion Hearings
Filing Of Motions In The State Of Florida
Pre-Trial Motions, Motions During Trial And After Trial
One of the most important aspects of a criminal case concerns the filing of applicable motions prior to trial and at times during trial. Motions can also be filed post trial in certain circumstances; motions can be written or oral (ore-tenus).
Pre-Trial Motions under state practice include:
- Motions For Bond,
- Motions To Discharge a defendant on speedy trial grounds if he is not brought to trial within 90 days if the charge is a misdemeanor and 175 days if the case is a felony,
- Motions For Rehearing applicable to the State of Florida when the state wishes to have a court reconsider additional matters of law ,
- Notices of Alibi, in essence a motion which sets forth the alibi evidence that a defendant intends to offer at trial,
- Motions raising the battered spouse syndrome as a defense,
- Motions applicable to death penalty prosecutions concerning Notices of Intent to seek the death penalty,
- Motions to offer expert testimony on mental mitigation,
- Motions raising mental retardation as a defense to the death penalty,
- Motions raising incompetence and insanity as a defense to a criminal charge;
During Trial, Defense Counsel will generally raise motions in limine seeking to exclude certain evidence offered by the State as well as motions for judgment of Acquittal raised at both the conclusion of the State's direct case and after the defense rests seeking a verdict in favor of the defense prior to the case being submitted to the jury;
After Trial skilled defense counsel will file Motions for New Trial and Motions in Arrest of Judgment; In the event of a conviction after trial it is imperative to file appropriate motions during a sentencing proceeding including Motions for downward departures as well as Motions to reduce a sentence after a sentence is rendered.
Finally motions attacking the representation afforded to defendants after their direct appeals are exhausted can be raised in Motions for Post Conviction Relief in both capital and non capital prosecutions.
Motions can also be filed asking appellate courts for appropriate relief during the pendency of an appeal
Motions are equally important in Federal practice; Pre trial motions including motions to dismiss the indictment,motions attacking the jurisdiction or venue of the court, motions to suppress evidence based on constitutional violations, motions for a severance of defendants, motions for discovery or discovery violations are illustrations of motions frequently filed in federal criminal cases.; during trial as in state practice motions in limine and motions for judgement of acquittal are also raised; post trial motions for a new trial should be filed as should appropriate motions during the sentencing phase for a defendant in the event he is convicted after a jury trial; these motions include appropriate motions for a variance from the United States Sentencing Guidelines based upon factors raised under the federal criminal law; As in state practice different motions can also be raised during the appellate process following a conviction; Finally although civil in nature motions for post conviction relief which are know as collateral attacks can be used to challenge the sufficiency of counsel's trial or appellate representation under 28 USC section 2255 in federal criminal cases and under 28 USC section 2254 in State criminal cases.
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When you need an experienced and committed defense lawyer you can trust in Central or Southern Florida,
contact the criminal defense law firm of Michael B. Cohen, P.A. online or call 954-928-0059.
