Legal Question in Criminal Law in California

Motions

What is the order of filing motions in a criminal case. What are all the motions that can be filed in a criminal case before it goes to trial


Asked on 4/19/99, 4:02 pm

1 Answer from Attorneys

Larry Bruce Larry B. Bruce Attorney At Law

Re: Motions

Your question is too general to be able to have just

a simple answer. Is it felony or misdemeanor? If

felony, usually no motions are made at Preliminary

Hearing eg. to suppress. Evans Motion for a line-up

may apply.

In Superior Court, a 995 Motion challanges the

sufficiency of evidence shown at the Premliminary.

A motion to suppresss evidence may be appropriate.

A motion to sever counts or sever defendants may be

appropriate. A motion to redact the codefendant's

statement might be appropriate. There are a myriad

of 402 and 352 issues might need deciding. I fear you

may be trying to represent yourself and don't know

very much about criminal cases. If so, beware.

There's a 99% chance you'll screw it up.

Anyway good luck.

Larry Bruce

Larry Bruce

Larry B. Bruce Attorney At Law

10532 Acacia St. Suite B-11


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Answered on 4/20/99, 1:16 am


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