Criminal Law Motions

Enhancement

A factor that increases the penalty for an offense (e.g., use of a weapon).

Calls for speculation

A hypothetical question or one that asks a witness to guess about a situation. Only expert witnesses can be asked hypothetical questions.

Probation

A procedure in which a defendant found guilty of a crime is given a suspended sentence and is released by the court subject to certain conditions for a specified period of time.

Leading

A question asked in such a way as to suggest the answer.

Assume facts not in evidence

A question based on an assumption which has not been proven.

Argumentative

A question that attempts to contradict a witness rather than eliciting new information.

Beyond the scope of direct

A question that enters into areas of inquiry not covered in the direct examination of the witness.

Lack of foundation

A question that inquires into matters not yet established through testimony.

Motion to suppress evidence

A request that evidence be excluded because it was obtained by illegal means.

Motion to dismiss

A request that the court throw out the entire case.

Motion to continue

A request to adjourn or postpone an action or proceeding in a court until some future date.

Diversion

A system in which certain criminal defendants are referred to community agencies for counseling, education or rehabilitation as an alternative to criminal prosecution. Criminal charges are held in abeyance until completion of the program, after which they may be dismissed. Most commonly applied to substance abuse and domestic violence cases.

Complaint

A written statement of the essential fact constituting the offense charged. Complaints are generally filed in misdemeanor cases in courts of limited jurisdiction; the term may also be used for felony charges filed in courts of limited jurisdiction prior to a finding of probable cause which will result in charges being filed in the court of general jurisdiction. A complaint may also be filed in a civil lawsuit.

Stipulation

An agreement made by opposing attorneys, orally or in writing, regulating any matter incidental to the proceedings (e.g., the designation of an expert witness).

Non-responsive

An answer that fails to address the question posed.

Motion

An oral or written application to the court, requesting an order or rule in favor of the applicant. Motions may be known by the name of the precedent case establishing the need (e.g., Marsden Motion) or by the code section they are based on. These names vary from one jurisdiction to another.

Parole

Early release from prison of a person convicted of a felony, so that he can serve the remainder of his term outside of prison, subject to specified terms and conditions.

Motion in limine

Made for the purposed of preventing the prosecutor from presenting evidence whose prejudicial effect outweighs its probative value. Presented right before a trial begins, outside the presence of the jury.

Examination

Questioning.

Discovery

Request for information from the opposing party to assist in preparing for trial.

Motion for severance of defendants

Request for separate trials for two or more defendants jointly charged with the same offense.

Motion to amend the complaint

Request for the court=s permission to correct an error in the complaint or to add further information.

Motion to determine present sanity

Request made by a judge or defense counsel at any time prior to or during a trial for a hearing to ascertain a defendant=s present mental capabilities.

Motion to exclude witnesses

Request made by a judge, defense counsel, or prosecutor during a court hearing or trial to prevent witnesses= presence in the courtroom before they have testified. The primary purpose for this motion is to ensure that witnesses do not try to corroborate the testimony of other witnesses irrespective of the truth.

Motion for a change of venue

Request made by the defendant to transfer his case to a different location.

Motion for judgment on the pleadings

Request made if the pleading alone shows that one party is entitled to a judgment without the need for any trial or additional showing to the court.

Motion to appoint expert witnesses

Request made to appoint persons with special skills, training or knowledge of a subject who will be able to testify in court by answering specific questions relating to the subject.

Motion to consolidate

Request permitting the consolidation of a series of crimes committed in any one jurisdiction into a single complaint or information.

Motion to disqualify the judge for cause

Request that a case be transferred to a different judge because of prejudice or bias.

Motion for a directed verdict

Request that the court instruct the jury that the only possible verdict is Anot guilty.@

Motion to reduce bail

Request that the court reduce the bail set by the arresting agency.

Motion for judgment N.O.V. (non obstante veredictum, notwithstanding the verdict)

Request that the court render a judgment different from the jury=s verdict.

Motion to name attorney

Request to appoint a private attorney for an indigent defendant when the Public Defender=s Office declares a conflict of interest.

Motion for diversion

Request to hold a hearing based on the probation department=s report to determine if a defendant should be diverted from criminal prosecution for education, treatment and rehabilitation.

Motion for revocation of probation

Request to impose all or part of a suspended sentence because the defendant has violated one or more terms of probation.

Motion for severance of offenses

Request to separate offenses because of prejudicial effect on a defendant.

Hearsay

Statement made by someone other than the witness who is testifying, reported by the witness to prove the truth of the matter stated. There are many exceptions to the hearsay rule.

Pleadings

Statements of fact, in logical and legal form, which constitute plaintiff=s cause of action and defendant=s ground of defense.

Plea

The defendant=s response to a criminal charge.

Motion to discover

The disclosure by a litigant of facts, titles, documents, or other things which are in his exclusive knowledge or possession, and which are necessary to the party requesting them.

Voir dire

The oral examination by the judge and by the attorneys to determine a person=s qualifications to serve in a given capacity (e.g., as a juror, expert witness, or interpreter).

Asked and answered

The witness has already been asked the same question and has already given an answer.

Continue

To adjourn, postpone, or delay.

Narrative

When a witness tells a story rather than responding point by point to specific questions.

pro se

a defendant who represent him or herself.

nolle prosequi

at any point during the prosecution, the prosecutor may voluntarily decide to dismiss the charges.

nolo contendere

no contest to charges

Cursory Search

superficial search; brief search

impanel

to choose