Motion Hearings

Filing Of Applicble Motions Prior To Trial in Florida

One of the most important aspects of a criminal case concern the filing of applicble motions prior to trial and at times during trial.

Motions can also be filed post trial in certain circumstances; motions can be written or oral (ore-tenus).

Pre-trial motions under state practice include motions for bond,motions to discharge a defendant on speedy trial grounds if he is not brought to trial within 90 days if the charge is a misdemeanor and 175 days if the case is a felony, motions for rehearing applicable to the State of Florida when the state wishes to have a court reconsider additional matters of law , Notices of Alibi, in essence a motion which sets forth the alibi evidence that a defendant intends to offer at trial, motions raising the battered spouse syndrome as a defense, motions appolicable to death penalty prosecutions concerning Noitces of Intent to seek the death penalty, motions to offer expert testimony on mental mitigation, Motions raising mental retardation as a defense to the death penalty, Motions raisng incompetence and insanity as a defense to a criminal charge; during trial defense counsel will generally raise motions in limine seeking to exclude certain evidence offered by the State as well as motions for judgment of Acquittal raised at both the conclusion of the State's direct case and after the defense rests seeking a vedict in favor of the defense prior to the case being submitted to the jury;

After trial skilled defense counsel will file Motions for New Trial and Motions in Arrest of Judgment; In the event of a conviction after trial it is imperative to file appropriate motions during a sentencing proceeding including Motions for downward departures as well as Motions to reduce a sentence after a sentence is rendred. Finally motions attacking the representation afforded to defendants after their direct appeals are exhausted can be raised in Motions for Post Conviction Relief in both capital and non capital prosecutions.

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