There are many different types of motions that one can file that have to do with a defendant’s rights. When someone files a motion, this means they are trying to get the judge to do something and that constitutes a hearing. For example, an attorney could file a motion to suppress evidence from an illegal arrest. A motion to suppress evidence is asking the judge to keep out certain evidence. The defense could state reasons for the motion or call witnesses into court that support their argument. A lawyer may file a motion to suppress evidence when the officer does not follow protocol when arresting an individual. In DUI cases, a motion to suppress is one of the most common types of motions filed.
There are many other types of motions hearing in Fredericksburg DUI cases that can be essential to a defendant’s case. This is why it is important for individuals facing DUI charges to obtain the services of a well-established DUI lawyer.
One of the motions hearing in Fredericksburg DUI cases that are commonly used is the motion to continue a hearing. There are times when an attorney may suggest a new court date. The other party, which will be present at the hearing, will then state its position on the request for a new court date. In most DUI cases, such a motion is not granted in general district court. The defense can also make a motion in the middle of the trial to dismiss the case or call for a mistrial.
A motion to compel discovery asks the court to order either the opposing party or a third party to take some action during the discovery process. Motions to compel discovery are frequently used to settle discovery disputes. In Virginia, a motion to compel discovery is rare because the defense is not entitled to the discovery in general district court until at trial. If the motion is made at trial, all the defense can do is file a motion to compel discovery but all they may receive is one or two words from the prosecutor to satisfy the compelled discovery under Virginia law. The only way the defense can get discovery information before trial is if the prosecutor offers it voluntarily.
There are many different motions hearing in Fredericksburg DUI cases that a defense attorney could use to help protect a defendant’s rights. The motion to suppress evidence is the most common motion in DUI cases but a lawyer may also file a motion for a continuance and for dismissal. Every case is different and there is no limit to what could be asked of the court, except when it comes to discovery. If you are facing DUI charges, reach out to a seasoned attorney who is knowledgeable about the motions hearing in Fredericksburg DUI cases. Understanding the motion hearings is important for your defense. Call today to learn more about how a DUI lawyer could help you.