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.
