Motion

A motion is a written or oral request to the judge asking for something specific — to keep evidence out, to dismiss a charge, to change the bail amount, to add a witness, to grant more time. Motions are how attorneys actually get courts to act on their behalf. In a California criminal case, the motions filed often matter more than what eventually happens at trial.

How Motions Work in California

California criminal motions are governed by various provisions of the Penal Code and the California Rules of Court. Common motions include suppression motions under Penal Code § 1538.5, motions to set aside the information or indictment under Penal Code § 995, Pitchess motions under Evidence Code §§ 1043 through 1047, motions in limine to exclude or admit specific evidence at trial, motions to reduce bail under Penal Code § 1289, motions to dismiss in furtherance of justice under Penal Code § 1385, motions for new trial under Penal Code § 1181, and motions to vacate convictions under Penal Code § 1473.7.

Each motion follows a particular procedure. Most must be filed in writing with proper notice and supporting declarations or memoranda of points and authorities. The opposing party files an opposition. The court holds a hearing — sometimes evidentiary, sometimes just oral argument — and issues a ruling. Properly preserved motions also create a record for appeal, which is critical when issues need to be litigated further at a higher court.

Why Motions Matter to Your Defense

Motions are where most California criminal cases are actually fought. Strong pretrial motion practice can suppress key evidence, dismiss charges entirely, expose police misconduct, and dramatically shift the leverage in plea negotiations. A criminal defense attorney who treats motion practice seriously — drafting carefully, citing authority, and preparing for evidentiary hearings — produces outcomes that boilerplate filing simply cannot match.

Motion practice also shapes long-term outcomes. A successful suppression motion may lead directly to dismissal. A granted Pitchess motion may produce officer credibility records that change a trial. A § 995 motion may strip out enhancements that would have added years to a sentence. The work of motion practice is detailed and unglamorous, but it is at the heart of effective California criminal defense.

Related Legal Terms

Motions cover everything from the suppression motion and motion in limine to broader pretrial motions practice and post-conviction litigation through habeas corpus. They are foundational to our criminal defense, DUI defense, and federal defense work.

Facing Charges Where This Applies?

If your case is moving forward, the motions filed in the months before trial often decide the outcome long before any jury hears the evidence. Attorney Chris Nalchadjian offers free, confidential consultations 24/7. Call KN Law Firm at (888) 950-0011.