A Florida Criminal Defense Law Firm
FLORIDA CRIMINAL TRIAL MOTIONS
A motion is an oral or written application to the court, requesting an order or ruling in favor of the applicant. Motions may be known by the name of the precedent case establishing the need or by the code section they are based on.
Motion to Quash Return of Transcript
Motion to Suppress Evidence : A request that evidence be excluded because it was obtained by illegal means.
Motion to Suppress Statements
Motion to Suppress Written or Oral Statements Allegedly Made by Defendant
Motion to Withdraw Guilty Plea and Set Bail
Motion to Continue: A request by either party to postpone an action on the case untill some futre date.
Motion to Determine Sanity: Request made by the defense counsel for a hearing to ascertain a defendant's present mental capabilities.
Motion to Change Venue: This is a request made by the defendant to transfer his case to a different location.
Notice of Motion to Suppress Statements and Breathalyzer Test Results with Supporting Affirmation
Petition for Habeas Corpus to Compel Preliminary Hearing
Petition for Reduction of Bail
Renewed Motion for Leave to Plead Nolo Contendere
Request for Discovery
Waiver of Personal Appearance at Arraignment
Waiver of Preliminary Examination
Motion to Amend the Complaint: Request for the court's permission to correct an error in the charging document or to add information.
Arthur Hearing
Certain offenses in Florida are non-bondable, such as murder, kidnapping, armed robber, and sexual battery. In such cases, the accused may request a hearing in front of a single judge to present evidence much like a trial. However, unlike most court trials, the outcome will be determined by a judge, and not a jury. Florida law allows for an Arthur any time after an arrest. In Fla v. Arthur, 390 So. 2d 717 (1980), the Florida Supreme Court held that that when a person accused of a capital offense or an offense punishable by life imprisonment seeks release on bail, it is within the discretion of the court to grant or deny bail when the proof of guilt is evident or the presumption great and that before the court can deny bail the state must have carried the burden of establishing that the proof of guilt is evident or the presumption great.
Defendant's Demand for Discovery and Inspection: Made for the purpose of getting opposing counsel to disclose facts, titles, documents, or other things which are in his exclusive knowledge or possession, and which are necessary to the party requesting them.
Defendant's Motion in Limine: This motion is made to prevent the prosecutor from presenting evidence whose prejudicial effects outweighs it probative value. It is usually presented right before trial begins and is made outside of the presence of the jury.
Motion to Appoint Expert: 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 for Dismissal: This is a request by the defense for the judge to throw out the entire case.
Motion to Consolidate: Request permitting the consolidation of a series of crimes committed in any one jurisdiction in a single complaint or information.
Motion for Bill of Particulars: The court, on motion, shall order the prosecuting attorney to furnish a statement of particulars when the indictment or information on which the defendant is to be tried fails to inform the defendant of the particulars of the offense sufficiently to enable the defendant to prepare a defense. The statement of particulars shall specify as definitely as possible the place, date, and all other material facts of the crime charged that are specifically requested and are known to the prosecuting attorney. Fla. R. Crim. P. 3.140(n).
Motion for Funds for Indigent Defendant
Motion for Immediate Disclosure of Favorable Evidence
Motion for Production of Grand Jury Material Relevant to Pending Motion
Motion for Severance of Defendants: This is a motion for separate trials when there are two or more defendants jointly charged with the same offense.
Motion for Severance of Counts: Request to separate offenses because of prejudicial effect upon a defendant.
Motion for Suppression of Post-Arrest Statement of Defendant
Motion to Compel Disclosure of Probation Department Information Regarding Witness
Brady Motion
Motion to Compel Discovery
Motion to Compel Production of Exculpatory Material
Motion to Compel Prosecutor to Cease Abusing Grand Jury Secrecy
Motion to Compel Reciprocal Discovery Regarding Notice of Alibi
No trial by ambush motion
Motion to Dismiss for Failure to State Offense
Motion to Dismiss Indictment
Motion to Exclude Statements by Codefendants
Motion to Permit Inspection of Grand Jury Record
Motion to Preserve Evidence
Defense request for access to evidence