Criminal Motions Lawyer in Orange County
Understanding the Basics of Motions
A motion is a written or oral request that is submitted to a court or judge.
A motion asks the court to perform an action—to make a decision,
to have a new trial, to dismiss a case, etc. Generally, only parties that
are involved in a case are able to file motions. While many motions can
be requested orally, it is a common practice to present written motions
for more complex requests that require lengthy explanation and additional
Motions can be made at most points of a legal proceeding: in pretrial,
during a trial, or after as well. Motions may or may not involve a hearing—there
are many motions that may only be filed at certain times in a legal proceeding.
Criminal motions may be an essential part of many defense against criminal
charges. With careful preparation and dedicated representation from our
Anaheim criminal defense attorney, you may make the most out of a criminal motion.
The Components of Filing a Motion
There are three basic elements to most motions that may be filed in court:
- There must be notice of the fact that a motion will be given.
- The judge must hear the motion and be able to raise any concerns.
- The judge must make a ruling on the motion before it may go into effect.
Judges often hold a hearing for motions without the jury present in order
to ask questions and clarify a situation before they make a ruling. However,
it is not always necessary to hold a hearing, and it is not necessary
for length preparation when filing a motion. There are times when a lawyer
files a motion as an urgent move and without a client knowing. At The
Law Office of Barney B. Gibbs, we strive to keep our clients involved
in every step of the process, but our team is also prepared to take legal
action in the best interests of our clients when a situation calls for
There are a number of different categories of motions that can be filed,
A stipulation is where the defense may ask the prosecution to agree to
something (or the prosecution may ask the defense). Before doing a motion,
either party will sometimes try to stipulate. This can save a lot of time
if both parties agree to the request, and then a written stipulation may
be given to the court. Sometimes a judge has to agree to the terms before
a stipulation is put into effect.
It is not unheard of for attorneys to agree to a new hearing date or a
continuance while in casual conversation in the hallway. If this happens,
any decision that is made must still be brought to the judge. One must
be careful when submitting a motion just to delay case proceedings because
the judge may fine for filing a motion for an improper reason.
Serving Orange County for 30+ Years
At The Law Office of Barney B. Gibbs, our team has been defending clients
in the local courts for more than 30 years. Not only do we have valuable
knowledge of the court system, but we also have extensive experience tackling
complex legal issues. Throughout his years of legal practice, Attorney Gibbs has
handled more than 2,500 cases, securing more than 1,100 dismissals in the process. If you are looking for an Anaheim criminal lawyer who
provides seasoned defense in court and tirelessly works to protect your
rights, call our firm!
Schedule a free case consultation today and protect your future opportunities!