The Law Office of Joe VanDervoort and Geoff Dulebohn

Motions

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After the pre-trial conference, we will begin to file motions. We usually file motions to suppress evidence, alleging that officers illegally conducted a search, or detained or arrested a person. These motions are required to be in writing. The district attorney uses the filed motions to subpoena police officers and other expert witnesses to testify at the hearing.

Sometimes these matters result in testimonial evidence. During testimonial evidence, the witness testifies and is cross-examined by your attorney or the matters are submitted through written police reports or by a stipulated set of facts.

Defense attorneys do not present evidence in most motion hearings, but rely on the district attorney to present evidence, written reports, points and authorities, or law in opposition to our motions. Whether or not to produce defense testimony during a motion hearing is an issue best left to your lawyer.

Whether a motion to suppress or other motion is granted or denied may not be determinative of the ultimate outcome in your case. If you are not asked to come to court, the issue is probably a routine application. Motions are often a way to find out facts, evidence and the officer before going to trial.

Most hearing dates for the presentation of testimony are continued one or more times because of unavailability of witnesses, the inability of the district attorney to proceed, the unavailability of a judge or lack of time to hear cases. To avoid wasting time in court, you should wait for our notification or contact our office to see if your presence is necessary.

It may be necessary for you to attend a motion hearing to hear the prosecution witnesses testify, to testify yourself or have friends or witnesses testify. If we think it is necessary for you to be at such a motion, you will be notified in advance and should come to our office prior to the hearing.