FAQ: What motions will you file?

One of the questions we are asked very frequently during consultations is: What motions will you file in my case? Our answer is always first: It depends. But there are some motions that we will always file and many others that we will always consider.

In every case, we will file a Motion to Enroll. A motion to enroll notifies the court that we represent our client and allows us to, as I often put it, do the talking. We will also file a Motion for Discovery. This motion requests the court to order the state to provide to us all of the evidence they intend to use against our client. We ask for copies of police reports, arrest affidavits, photographs, police body and dash cam videos, and interviews, among many other things.

The other motions that we will file are all dependent on the facts of each client’s case. Sometimes we will file a Motion to Quash, which is filed usually when there is something technically wrong with the charging document (the bill of information or indictment). This motion is how we say that there is something wrong with the charge and it needs to be fixed.

In some cases, we will file a motion to suppress. A motion to suppress is appropriate in cases where there has been a violation of a client’s constitutional rights. If granted, a motion to suppress will order the state to exclude evidence seized as a result of that violation.

Every case is different and will require different motions that should be filed at different times. We look at each case thoroughly to find what motions are appropriate and when they should be filed.

If you or someone you know is looking for an attorney for a criminal case, call us at (318) 459-9111 to set up a consult.