The circumstances surrounding a case may call for other motions to be filed. One is a Motion for Change of Venue. Sometimes a case will incur a lot of publicity and therefore the defense does not believe that they will receive a fair trial. Although a case is usually tried in the area where the supposed crime happened, a judge may agree to the change of venue. If there will be too many hardships from the change of venue, like a burden to the defense because they are not close to their office or higher costs, then a judge will deny this motion. If this is a concern, having an attorney like Barney B. Gibbs, Attorney at Law (in Orange, CA) can help to decide the right course of action.

The previously mentioned Motion to Strike a Prior Conviction is very important to consider. A defendant may at times be judged more harshly because of past convictions. A judge may agree to this motion if a previous case included a coerced plea bargain or a violation of the defendant's rights that may have led to the conviction. The defense may use good behavior (a decently long period) as a reason for the judge to not look at prior convictions. It may also be a good idea for the defense to review the rap sheet because it may contain errors.

A Motion to Preserve Evidence can be filed so that the defense is able to use their own exert witness to examine the evidence that the prosecution has. If the defense wants to find out if the witness that the prosecution intends to use is a government informant, a Motion to Disclose Identity of Confidential Informant may be filed. A Motion for Discovery may be used to obtain all of the evidence that the prosecution will use. The prosecution has a duty to give the defense all of the information that they have that may help out the defendant, and most do so voluntarily and as standard procedure. Some attorneys will file the motion just to make sure.

Depending on the circumstances surrounding the case, the history of an arresting officer may be in question. A Motion to Examine Police Officer's Personnel File may be filed in order to find out if the officer has a past history of misconduct (like prejudice, excessive force, etc.). A valid reason for this motion must be stated, and if granted this may help to strengthen the defense's case. If the police officer illegally seized evidence, the defense may file a Motion to Suppress. Barney B. Gibbs, Attorney at Law, knows your rights and can make sure that nobody gets away with violating them.

There are motions that may be done during a trial. A Motion on Limine can be used to stop the prosecution from presenting evidence (the judge may rule the evidence inadmissible). This is incredibly important because once the jury hears something, it is impossible to take it back, even if they are asked to disregard what they have heard. If the prosecution has a witness that says something improper, the defense may make a Motion to Strike Testimony. Testimony that is striken cannot be brought up when jurors ask for a recap of testimony and may serve to discredit a witness. If the prosecution does not present a strong case, a Motion to Dismiss may be filed, but preferably not in the presence of the jury so that they do not think that the judge's refusal of the motion means that he thinks the defendant is guilty.

After a trial, motions can also be filed. If the defendant is found to be not guilty, that is a final decision and the prosecutions cannot file a motion for a new trial or verdict. If a defendant believes that he was wrongfully accused, the defense may ask the judge to change the verdict to not guilty (although this happens rarely). The defense can also ask that the judge declare the trial a mistrial so that there can be a new trial. Important new evidence (such as a witness of scientific evidence that was not available) or misconduct on the part of the jury may be valid reasons for a new trial. There are timelines that must be followed when asking for a new trial. Appeals or writs are also another option. If the trial does not involve a jury, the same steps may be taken but unless there is new evidence, a judge is unlikely to overturn his/her own verdict.