Motion Hearings in a Mecklenburg County DUI Case
A motion hearing is a court hearing that is heard before trial. A judge will decide upon issues that the attorneys have brought to the judge’s attention through the filing of the motion.
The filing of motions often occurs in a DUI case. A motion hearing will be held on whatever the issue might be in each individual case prior to trial, and it could have serious consequences for the trial itself. A lawyer who is experienced with motion hearings in a Mecklenburg County DUI case could help you with your charge. Contact an accomplished DUI attorney today to schedule your consultation.
Filing a Motion Hearing
Once a motion is filed, a hearing will be scheduled and a notice for the hearing will be filed. The defendant should plan to appear at the motion hearing as well as the attorney, the prosecutor, and any witnesses who will be necessary to conduct the hearing.
Once the motion is filed, the other party will have the opportunity to respond in writing before the motion hearing. Motion hearings in a Mecklenburg County DUI case allow both sides to present their argument prior to any evidence that would be submitted during the hearing.
Motion to Suppress Evidence
A motion to suppress evidence is a motion asking the court to exclude evidence from being introduced at trial based on various grounds. The most common grounds for a motion to suppress evidence include constitutional rights violations. A Fourth Amendment violation could occur when law enforcement searches an individual without a lawful basis to do so. A person’s Fifth Amendment right could be violated when they are being interrogated while in custody without being informed of their rights.
A motion to suppress evidence is used in a DUI case in order to obtain the best outcome for the accused. This is usually used by the defense attorney in order to suppress or exclude evidence that the prosecution might otherwise try to introduce.
Motion for Summary Judgment
A motion for summary judgment is a motion for the case to be dismissed without any further evidence being introduced. It is basically a contention that the prosecution will never be able to prove its case with the evidence that it has submitted to the court. In Virginia, it is also called a motion to strike, which is typically presented by a defense attorney after the conclusion of the prosecution’s evidence.
Motion to Compel Discovery
If there is a discovery dispute between the defense attorney and the prosecution, a defense attorney might file a motion to compel discovery, which in essence requests a judge to order the prosecution to produce discovery that they have not yet provided to defense counsel.
A motion to compel discovery is a written document filed with the court by the defense lawyer, requesting certain information be turned over by the prosecution. The prosecution has an opportunity to respond in writing to the motion prior to the hearing date. During the hearing, the attorneys on both sides will argue their cases before the judge and the judge will decide whether or not the prosecution must be compelled to provide certain discovery to the defense. Motions to compel discovery are sometimes filed when the defense lawyer has good reason to believe the prosecution has certain evidence but has not yet been provided the defense attorney a copy for review.
Call a Mecklenburg County Lawyer About Motion Hearings in DUI Cases
DUI cases present the opportunity to litigate numerous issues. Depending on the facts of each individual DUI case, there is always the opportunity to file pre-trial motions to litigate certain specific issues prior to going to trial on the DUI. Call an experienced lawyer today to learn how a legal professional could help with motion hearings in a Mecklenburg County DUI case.