Motion Strategy
Comprehensive Motion Strategy
The word “motion” is frequently used during a criminal case. A “motion” is simply a request by either the government or the defendant to the Judge asking him/her to do something. Motions come in a variety of different forms. Generally speaking, there are two basic categories of motions, discovery and substantive.
Discovery Motions
The discovery phase of a criminal case involves the government providing the defendant with the evidence they intend to introduce against him or her at trial. Rule 14 of the Massachusetts Rules of Criminal Procedure outlines the mandatory discovery requirements that the government must provide. In addition, a defendant may also file discovery requests seeking discovery of information that is relevant to your defense and may not be mandatory under the rules. A well-crafted discovery plan will allow you to discover information that may be helpful to our defense. This critical piece of a criminal case will often have a significant impact on the outcome of our case. I prepare a comprehensive discovery plan at the outset of our case.
Substantive Motions
Generally speaking, substantive motions come in two forms, a motion to dismiss or a motion to suppress.
Motion to Dismiss Summary
There are many circumstances which give rise to the filing of a motion to dismiss. Allegations that do not establish that you have committed a crime, failing to state a crime, failure of the government to disclose certain discovery or a violation of the integrity of the proceeding are just some of the circumstances where it would be appropriate to file a motion to dismiss. I analyze the complaint, indictment and the supporting documentation to insure the government plays by the rules. Click Here to read about cases where Motion to Dismiss Attorney Jeff Miller has succeeded on a Motion to Dismiss.
Motion to Suppress Overview
A motion to suppress evidence focuses on the methods the government used to seize evidence they intend to introduce at trial. Everyone is guaranteed the right to be free of unreasonable searches and seizures under the Fourth and Fourteenth Amendments to the United States Constitution and Article XIV of the Massachusetts Declaration of Rights. Additionally, every person is guaranteed the right against self-incrimination under the Fifth Amendment to the United States Constitution and Article XII of the Massachusetts Declaration of Rights. Click Here to read about Motions to Suppress Attorney Jeff Miller’s success on Motion to Suppress Hearings.
I analyze every seizure to determine whether the items or evidence the government intends to use at trial was lawfully seized. A motion to suppress tests the reasonableness of the government’s claim the seizure was reasonable. I test the seizure of the evidence and the government’s claim of reasonableness during a suppression hearing.
Contact Massachusetts Motion to Dismiss Attorney Jeff Miller to schedule and appointment to discuss your case. Call Massachusetts Motion to Suppress Attorney Jeff MIller to begin preparing for your Motion to Suppress.