ACTIVE LAWSUIT!
Published by Table Of Contents
Understanding Motions in Colorado Criminal Cases
According to JDP, in criminal proceedings, motions are formal requests asking the court to take specific actions in a case [1].
Motions in criminal cases can vary from requesting the court to dismiss criminal charges or, in some cases, the entire prosecution; to requesting that certain evidence be excluded from the jury because it is inadmissible under the Colorado Rules of Evidence; to requesting advance notice from the prosecution if they intend to introduce certain types of evidence – JDP
Key Types of Hearings in Colorado Criminal Cases
1. Evidentiary Motions Hearings
Motion to Suppress Evidence: Defense attorneys argue that evidence was obtained through illegal search and seizure (Fourth Amendment violation), improper confessions (Fifth and Sixth Amendment violations), or unlawful identification procedures (Fifth and Fourteenth Amendment violations). Suppressing such evidence can be pivotal, potentially leading to plea deals or case dismissals if key evidence is excluded [2].
Motions In Limine: Both defense and prosecution seek pre-trial rulings on the admissibility of evidence. Examples include barring evidence of a rape victim’s sexual history (Rape Shield law) or preventing past wrongdoings of the defendant from being introduced.
Impeachment Evidence Motions: Defense attorneys may file motions to impeach prosecution witnesses, aiming to discredit their testimony.
2. Discovery Motions Hearings
These motions compel the production of evidence not obtainable without a court order, such as juvenile records, medical and psychiatric records, or educational records. Defendants can also request to test state evidence scientifically. Prosecutors must provide exculpatory evidence, but defense motions may be needed if the state is uncooperative.
3. Procedural Motions Hearings
Procedural motions address issues unrelated to the underlying charges:
- Change of Venue: Arguing for a fair trial elsewhere due to local bias.
- Recuse a Judge: Claiming judicial conflict of interest.
- New Attorney: Requesting a different attorney for effective representation.
- Dismiss for Invalid Information: Challenging the validity of the charges.
4. Detention Motion Hearings
These motions determine pre-trial custody status:
- Reduce Bond: Seeking lower bail or release on own recognizance.
- Quash Bench Warrant: Addressing warrants issued for missed court dates.
5. Competency Motion Hearings
These motions assess legal competency:
- Mental Examination: Evaluating if the defendant is fit for trial.
- Psychiatric Examination for Insanity Plea: Assessing mental state for an insanity defense.
- Psychiatric Examination of Witnesses: Determining if witnesses are competent to testify.
6. Motion Hearings to Dismiss
Defense attorneys may file motions to dismiss based on:
- Unconstitutionality of the statute.
- Expired statute of limitations.
- Lack of court jurisdiction.
- Evidence destruction (Fifth and Fourteenth Amendment violations).
- Violation of the right to a speedy trial (Sixth Amendment).
- Lack of probable cause (Fourth Amendment violation).
- Double jeopardy (Fifth Amendment violation).
7. Post-Trial Motion Hearings
After a guilty verdict, defense attorneys may file:
- Motion for a New Trial: Requesting a retrial.
- Judgment Notwithstanding the Verdict (JNOV): Asking the judge to overturn the jury’s decision.
- Motion for Reconsideration: Requesting a reduced sentence (Rule 35b motion).
Motions vs Pleadings
Motions and pleadings are distinct legal concepts with different purposes, though they are often confused. A clear grasp of both is essential for a successful civil litigation case [3].
Pleadings are formal statements in a judicial setting. Lawsuits are commenced once a party files a formal statement or complaint with the court clerk. Pleadings also act as a formal appearance when the defendant answers the complaint and files it with the same court clerk. Pleadings do not ask the judge to make decisions
Motions, however, are requests for the judge to make specific decisions. These are typically written but can also be oral and are presented after the complaint has been filed. Motions should be supported by statutory and case law to persuade the judge. Often, a motion will result in a hearing where both parties present their arguments for or against the motion before the judge.
Understanding a Motion for Summary Judgement
A motion for summary judgment asks the court to decide on a claim without going to trial. If granted, the court resolves the claim based on the motion, provided there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. This means the opposing party would lose the claim even if all their allegations are accepted as true. Summary judgment can also be partial, resolving specific elements of a claim or defense.
In federal courts, the procedure for a motion for summary judgment is governed by the Federal Rule of Civil Procedure 56 (FRCP 56). According to FRCP 56, such a motion can be filed up to 30 days after the close of discovery unless specified otherwise by local rules or court orders.
The movant must show that a fact is not genuinely disputed based on the case record. The opposing party is then given notice and a reasonable time to respond.
The court can grant or deny the motion, grant it on different grounds, or even grant summary judgment for the nonmovant. Many states have analogous pretrial motions similar to the federal summary judgment process.
Related Articles:
- Bench Warrant Explained
- How Long Do You Stay in Jail for a Bench Warrant?
- 5 Reasons for Retracting a Statement
If you’re accused of a crime, don’t hesitate to contact us for your free consultation with one of our experienced personal injury lawyers.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://www.jdporterlaw.com/criminal-law/motions-practice-criminal-cases/
2. https://www.shouselaw.com/co/blog/what-is-a-motions-hearing-in-a-colorado-criminal-case/
3. https://www.volpelawllc.com/pleadings-and-motions/