Motion hearings in Prince William County DUI cases occur when an attorney asks a court to make a determination related to the case outside of the trial. In some cases, it may be a continuance motion or a motion to suppress or any number of other motions that are related to the DUI case. In some jurisdictions, motions related to the case can be raised during trial. A motion may actually be made during the presentation of evidence or during the trial itself. In other jurisdictions or in felony cases, sometimes motions are filed and argued in advance. To learn more about the different types of motion hearings in Prince William County DUI cases, talk to a skilled defense attorney today.
The most basic motion that gets filed in a DUI case is a continuance motion. Sometimes that is because either the attorney is not available for the scheduled date or there is some other tactical reason to move the case to a date in the future. There are also motions to suppress evidence which can be used if there is an illegal detention of the accused or law enforcement conducted an illegal search. A professional defense attorney can ask the court to keep evidence that is obtained as a result of that illegal detention or search out of evidence.
In some cases, there is a motion to strike at the end of the Commonwealth’s evidence. A motion to strike is a motion where an attorney and the defendant state that all of the evidence presented by the government is true, but nevertheless, argue that even if all of that is believed that it does not amount to a sufficient evidence for a conviction.
In cases where a motion has to be filed in advance in a DUI case, the government does have an opportunity to respond in writing. In some cases, they do, while in others they make no response except the argue the motion itself in court.
A motion to suppress evidence in Prince William DUI cases is a motion where the defense asks for the court to prevent the government from presenting certain evidence at trial. A motion to suppress may be appropriate under circumstances where the government has violated the defendant’s constitutional rights under the Fourth or Fifth Amendment. As consequences of those actions, the illegally obtained evidence will be kept out of court.
If a court has entered a discovery order that commands the Commonwealth to provide discovery and the Commonwealth does not comply with that order or does not fully comply with that order, then the defense has the ability to file a motion to compel wherein the judge orders the Commonwealth again to produce the evidence. In some cases, a motion to compel can result in certain evidence or certain kinds of evidence being excluded from trial because of the government’s failure to provide that information or to provide it in a timely manner. An experienced DUI lawyer can provide more legal knowledge about motion hearings in Prince William County DUI cases after scheduling an initial consultation.
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