There are many types of motions that can be filed in a DUI case. The motions that would be filed will actually be specific to the facts and circumstances of the case as well as any prior records that may be used in the case against the individual. When a person is making a motion, they are making a request to the Judge, to the Court, to do something. Motion hearings in West Palm Beach DUI cases are when defendants request something of the court that has not been agreed to between a West Palm Beach DUI lawyer and the prosecutor assigned to the case. If you are interested in filing a motion hearing, seek the services of a local, thorough, legal advocate who can fight for you.
Motions a Defense Attorney Would Make
The government’s motions are typically filed in order to try and gather evidence from the person, whether it is a DNA sample, whether it is fingerprints, whether it is handwriting. The government can also motion to revoke the bond or modify the pretrial release.
Motions that a defense attorney, however, would make would be to compel discovery. A motion hearing applies in the case for a person facing DUI charges in that an attorney may ask the Court for certain documents or discovery that were not turned over.
The attorney may ask the Court to take depositions or statements of witnesses who are listed in the reports, but no one knows what might be said. The attorney may find some violations of law or procedure that they think could be helpful to building a case. The remedy would be either dismissal of the charges or elimination of certain evidence. Motion hearings in West Palm Beach DUI cases apply in every aspect of any DUI, just like they would any other type of criminal case. The facts may be different, the laws may be different, but the rules are basically the same.
A person has the right to know what the evidence is against them and they have the right to challenge it. If a person wants to challenge something, they need to ask the Court to challenge it. The person could ask the Court to get rid of the evidence. The person could ask the Court to take depositions. The person could ask the Court to Dismiss the case. ,
What Happens Once a Motion Hearing is Filed?
Before a motion is filed, typically, an experienced lawyer would call the opposing prosecutor or the person who is prosecuting the person and ask, for example, whether they can do a deposition or not, and if the prosecutor will agree to it. If the prosecutor agrees, there is no motion and there is no hearing. Instead, there is an order submitted to the judge and a letter stating both the prosecutor and the defense attorney are in agreement, and then the judge would sign off on that. If there is no agreement, then a motion is filed.
Once the motion is filed, a lawyer can still make contact with the prosecutor in hopes of getting an agreement in order to avoid having to go through with the hearing. If there is no agreement and a motion is filed, then an attorney would file a hearing or a notice for a hearing on the motion. Once that hearing is filed on the motion, typically, the parties would just get ready for the hearing.
Responses to the Motion Hearings
There are a couple of ways that the other party can respond to a defendant’s motion hearing request. They can question whether the person is filing the motion or not, or they can agree to go to court on this motion, and then prepare for the motion hearing. It is a contested part of the case. Whether it is contested about facts, policy, procedure, or law, it is a hearing to which a person is entitled, both the prosecutor and the defense attorney will try to win their case. If you want to know more about motion hearings in West Palm Beach DUI cases, get in contact with an intelligent attorney. A local lawyer will be familiar with DUI policy and can work doggedly in their attempt to win your motion hearing. If you wish to know more, get in touch with a determined DUI lawyer and know that you are in capable hands.