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Motion Hearing:
As the parties near the motion
hearing, the attorneys will
diligently research the law and
create legal briefs supporting their
positions. The defense intends to
persuade the court their position is
correct. If successful, the court
will rule in favor of the defense
and grant a remedy. Remedies can
include dismissal of the case or
suppression of certain pieces of
evidence. Suppression will prevent
the Trier of fact [a jury or judge]
from considering that specific piece
of evidence during the trial.
 A
motion hearing begins with the
prosecution presenting their case
through witness testimony. The
prosecution attempts to establish
all the contested evidence is a
result of a legal police
investigation. They also attempt to
establish any purposed defense legal
theory is improper in light of the
specific case facts. When the
prosecutor is finished questioning a
witness the defense is provided an
opportunity to question that same
witness. A defendant has a
constitutional right to confront
anyone providing testimony against
the defendant.
When the prosecution has exhausted
all of their witnesses the
prosecution will rest. Now the
defense has an opportunity to offer
witness testimony or may choose to
argue based upon the insufficient
prosecutor evidence. When both
sides rest the court will require
argument from both parties.
The prosecutor and defense will
artfully weave the facts of the
incident with time-honored case law
and creative, yet persuasive
thought. When argument is over the
court will make a ruling to each
motion presented. One hopes the
court will grant their motions.
Each side has a vested interest in
weakening the other side and
strengthening their position.
There are three beneficial
objectives of a motion hearing.
First, and most important, is to
eliminate and suppress as much
evidence as possible. Eliminating
evidence significantly deteriorates
the prosecution’s case for trial
usually creating an incentive to
negotiate the case resulting in an
advantageous resolution for the
defendant.
Secondly, the proceedings are
recorded and every witness providing
testimony answers questions under
oath. They vow to tell the truth
under penalty of perjury. This
allows defense to thoroughly prepare
for future trial testimony if there
is a trial. It is paramount for the
defense to be familiar with every
statement the officer will make in
front of a jury. The officer
testimony is “locked in” because it
is recorded. If the officer
attempts to embellish or change
their story for a jury trial the
defense may use a transcript of the
motion hearing and impeach the new
or embellished trial testimony.
This can ruin witness credibility in
the eyes of a jury or judge hearing
the trial.
Finally, the motion hearing is an
opportunity to educate the
prosecutor. Prosecutors rely upon
the police report when charging a
defendant with a crime or crimes.
Rarely do prosecutors have the time
or resources to interview the
arresting officer before filing
charges. Police investigative
reports frequently are riddled with
negative facts supporting only one
conclusion; the defendant’s guilt.
Sometimes the officer fails to
interview a crucial witness either
because of time constraints or that
witness refused to come forward at
the time of the incident. Sometimes
the version of the facts, in written
form paints a dreadful picture of
the defendant. However, during live
testimony the facts create a new
more favorable perception of the
defendant. The defense may not
succeed in suppressing evidence, but
now the prosecutor realizes their
facts are not as damaging as
originally contemplated.
At the conclusion of the motion
hearing the defendant will typically
know how strong and how weak their
case will be for a trial. The court
will confirm a future readiness and
trial date. Do not panic. There is
still ample time to continue
negotiation with the prosecutor
before a trial.
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