Motions in Criminal Defense

The purpose of motions in criminal defense is to communicate with the court and other parties. It is the way you ask for what you want (suppress evidence, continue a hearing, compel the production of discovery/evidence, dismiss the charges, etc). Motions may be made verbally or in written form.

The other parties involved (typically the prosecutor and/or co-defendants if applicable) in the case usually have an opportunity to respond to a motion. They can agree to the motion (also known as an “assented to” or a “stipulated” motion). They can disagree or “object” to a motion. They can even take no position on a motion. For a through discussion of function of motions in criminal defense cases you can read FindLaw’s article here.

The Vermont criminal court will either grant a motion, deny a motion, or set the motion for hearing. If a motion is set for a hearing it is because the court wants to take additional evidence, hear oral argument, or even ask questions of the parties before the court issues a decision.

Motions are an integral part of criminal defense in Vermont. To see if your criminal case could benefit from a motion to suppress or dismiss contact one of the experienced attorneys at Burke Law today for a free, confidential case consultation.