A motion hearing in a misdemeanor case is an effective way to handle many of the issues in a case if it looks like it is going to go forward toward trial. Your attorney can bring a motion to ask the court for a particular kind of relief. You can ask the judge to exclude evidence that was wrongfully obtained or to dismiss when the charges that are brought are not substantial enough.
Having A Motion Hearing Early
Some motions, like a demurrer, are filed at the pleading stage of a case. A demurrer essentially alleges that even if all the facts stated in the charging document are true, that the charging document does not establish a crime. This motion is usually filed at the beginning of the case, but it can be filed later as well. If the demurrer is granted, the case is dismissed.
Later Motions Are Possible
Other motions can be filed as evidence is exchanged and as your Okmulgee criminal defense lawyer begins to investigate the matter.
Let’s say it becomes clear that your Fourth Amendment rights were violated. This is usually because the search was unlawful. This may occur when the police conduct a search without probable cause.
If this happens, your Okmulgee misdemeanor attorney can bring a motion to have the evidence that resulted from that illegal search suppressed. Often, this can lead to a dismissal.
Other times, another motion called a Jackson-Denno motion should be brought. Your defense attorney should bring this motion if you made a statement or confession that was not truly voluntary. Any statement or confession that is not made voluntarily can be excluded from evidence. This usually leads to a dismissal.
Often, the need for these motions made become apparent as the case unfolds. That is why they are often made in the pre-trial phase of a criminal proceeding.
Excluding evidence is a huge defense tool. If you’ve got any motions that need to be presented in your case or if you have questions about these motions and how they might work in your case, you need to talk to an experienced Okmulgee misdemeanor defense attorney as soon as possible.
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