Home Page of Logan Dietz, Criminal Defense Lawyer 

  

  

Motions:

"Motions" are written requests to the judge asking for orders about specific matters in a case.  They are usually filed in preparation for a trial.  Some common ones are:

Discovery: A "discovery" motion asks for an order to view and (perhaps) copy certain evidence in a case.  In most jurisdictions the prosecution has an "open file" policy, so the discovery motion is mainly an attempt to guard against any hidden or new evidence surprising the defense at a trial.  In Harris County the police reports are generally availible for the defense to view, but copying is not allowed.

Brady: The Supreme Court of the United States held in Brady v Maryland that the prosecution must turn over to the defense all evidence in its possession that is favorable to the defense.  A Brady motion is a request for such evidence.

Request for Notice: A "Request for Notice" can be used to request notifications of certain matters allowed by various statutes.  For example, notice of prior convictions which may be used at trial might be requested.

Motion in Limine: A "Motion in Limine" can be used to ask the judge to order the other side not to go into certain matters in front of the jury.  For example, a defendant may have an old prior conviction that the defense maintains is too remote to be used at the guilt-innocence phase of the trial.

Motion to Suppress Evidence: A "Motion to Suppress" can be filed if there is legal grounds to suppress certain evidence in a case.  This can happen in a possession case if the search by the police was illegal.

Motion to Suppress Statement: A "Motion to Suppress Statement" can be filed if the defendant in a case has given the police a statement (sometimes called a "confession") and it was not taken according to law.  Statements of persons while in police custody must be preceeded by the Miranda warnings and must be voluntary.  All questioning is supposed to stop when the person in custody says: "I want a Lawyer!"

  

  

Home Page of Logan Dietz, Criminal Defense Lawyer  

Logan Dietz, Attorney at Law, 212 Stratford St., Houston, TX 77006, 713-626-8171, 877-687-4593(toll-free)

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212 Stratford St.
Houston, TX  77006
713-626-8171
877-687-4593

(TOLL FREE)

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CRIMINAL DEFENSE LAWYER

 
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