Criminal courts grant justice according to technical rules of law that must be followed by all sides of a case. Generally speaking, an act in court needs the judge’s permission before it can be carried out by either group.
This permission can be obtained via a motion after filing an application orally in court or in writing. Before a court, motions are frequently argued and considered and are best done by prosecuting lawyers. Melbourne criminal courts strictly adhere to the rules of law and the outcome of the case will be negatively affected by non-compliance. Visit our website to get free information about mitch engle defence lawyer brampton
Basic steps for a motion to be filed
Notice and hearing are essential elements of every movement and a chronological order is followed. A motion always begins by giving the other party and the judge notice, as well as your plan to request permission from the court to do something. A motion must cite clear grounds and legal precedent related to which the adverse party is entitled to review and challenge it.
Both sides are given the opportunity to give oral arguments at the motion hearing before the judge dishes out his decision on the matter.
How to use criminal prosecution motions
Your lawyer can file the following motions to obtain clearly defined results, depending on the circumstances of your case:
If you want to change your bail status, * Motion to change bail
Motion to refuse a lawsuit if you want the judge to reject an inadequate criminal complaint against you
Motion to decrease charges if the facts of the alleged criminal incident do not describe the charge against you correctly
Motion for change of venue, if you conclude that moving your case’s trial to another court would guarantee a fair trial
Motion for bill of information that can be used to access all the specifics of the fees against you
Motion for discovery that, if approved by the judge, would compel the prosecution to turn over all evidence in their possession, an essential instrument in many techniques of criminal defense