Often times, after the defendant is arraigned, the defense will bring several motions prior to trial. The most common of these motions are as follows:

Motion to Quash
The defendant alleges that the District Court magistrate "abused his discretion" in binding the defendant over for trial and as a result, asks the court to quash the information and dismiss the charges against the defendant.

Motion to Suppress Evidence
The defendant alleges that certain evidence was obtained as a result of an unlawful search and seizure and in violation of the defendant's constitutional rights. The defendant will will argue that the court should suppress the evidence and prevent the People from introducing this evidence at the defendant's trial.

Walker Hearing
The defendant alleges that the defendant's confession was obtained in violation of the defendant's constitutional rights, and the court should prevent the prosecution from introducing it at trial.

These are just a few of the motions that may be brought by the defense. There are also various motions which may be initiated by the Prosecutor's Office.

"Case Cycle" Home