What is a Motion?
A motion is a formal request made to the Court by the State or the Defense to attempt to change something in your case before a trial. These requests must be filed with the Court, giving advance notice to both sides and an opportunity for the Court to consider arguments from both sides before making a decision.
Motion practice is an extremely important part of the process. Criminal cases can take a long time to resolve. While a case is moving through the court, you could be under rules that become unnecessary or do more harm than good. Filing a motion to change these rules is the only opportunity for the Judge to re-evaluate your circumstances. Filing motions allow your attorney a chance to let the Court know more about you as a person and can dramatically change your situation while your case moves through the system.