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Motion Hearings and How They Pertain to the Criminal Defense Process

Posted on in Criminal Defense

If you've been arrested for a crime, you'll probably hear a lot of legal terms and jargon being thrown at you by your lawyer as part of your criminal defense. And while you may feel overwhelmed, you trust your attorney to do his job. Once such term you may hear is what's called a "motion hearing." This is a proceeding that the judge overseeing your case will schedule to allow both the prosecution and defense to argue their positions.

Typically, the judge will schedule this proceeding to respond to a motion, which is a request made to the judge to act or decide on a particular matter surrounding your case. The motion can be made by either the defense or prosecution. The judge listens to each side arguing their position and the judge can ask the parties questions regarding their argument.

Moving the Court for a Decision

If your attorney files a motion with the court, he is asking for court intervention to decide a matter pertaining to your case. When your attorney files his motion, he notifies the opposing party, thereby giving the opposite party the chance to respond and note his opposition. The opposing party can also send certain material and documentation supporting their objection to the motion. There is no jury present at the hearing, as it's not a jury trial proceeding at this stage of the game. A court reporter records the hearing.

For more questions on motions and other aspects of criminal defense, contact us.

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