A motion hearing is a special meeting that occurs before your criminal trial in California.
This hearing allows your lawyer to make a number of “motions” that could block evidence against you, get your charges dismissed, strike previous “strikes” from your criminal record, or learn more about the police officer who arrested you.
Let’s take a look at motions associated with DUI charges in California and find out when you may need help from a Los Angeles DUI lawyer.
Key Aspects of a Motion Hearing in a Criminal Case
Understanding what happens during a motion hearing is essential for anyone facing criminal charges. These court proceedings can shape the direction of a case long before trial begins. Below are the key components of motion hearings and how they impact the legal process.
Purpose of a Motion Hearing
A motion hearing is a pre-trial court proceeding where a defense attorney presents formal legal requests to the judge.
These written requests—such as a motion to suppress or motion to dismiss—can challenge how evidence was obtained or even end a criminal case before trial. The hearing ensures both sides present legal arguments on important issues affecting the judicial process.
Types of Motions Filed
Common motions include procedural motions, dispositive motions, and evidentiary motions that can alter the case timeline. A motion to suppress may argue that police reports, breath tests, or witness testimony were obtained in violation of your Fourth Amendment rights.
Other motions, such as a motion to dismiss, may ask the court to drop criminal charges due to a lack of probable cause or misconduct.
Role in the Legal Process
These hearings are essential steps in the broader legal process, allowing the defense to develop a legal strategy through discovery motions and legal research.
A court order may result from the hearing, determining whether certain evidence or charges proceed to trial. This phase can heavily influence outcomes like plea bargains or even summary judgment in some cases.
Courtroom Procedures and Scheduling
The court clerk typically schedules motion hearings during designated motion days or temporary hearings before the trial begins. The judge assigns a courtroom number, and both parties present their positions during the court hearing.
The judge may issue immediate rulings or take time to review legal precedents before deciding.
Importance of Legal Representation
Because motion hearings involve complex legal issues, hiring a skilled defense attorney is vital. A lawyer can highlight flaws in witness statements, question the legality of field tests, or suppress statements made without Miranda warnings.
Experienced legal counsel ensures that proven strategies and access to high-quality legal services guide clients’ experiences.
Broader Applications and Impact
Though commonly used in DUI and felony matters, motion hearings can also arise in cases involving juvenile delinquency records, domestic violence, or even eviction proceedings.
Whether the motion concerns pre-trial publicity, impartial jury concerns, or flaws in the judicial process, these hearings can significantly affect the course of litigation. A properly handled motion hearing can help secure critical outcomes or even dismiss a case entirely.
For a free legal consultation, call (310) 896-2723
Timeframe for a Motion Hearing in California
This hearing should occur before your criminal trial begins. However, it will not take place immediately after your arrest. Generally, this hearing occurs after your DUI lawyer has had time to complete “discovery.”
During the discovery phase of your case, your lawyer will investigate the charges you’re facing and dig into the facts of your case. Your lawyer will also monitor the police investigation to make sure they respect your rights.
The court will schedule your hearing. During this hearing, the judge makes sure both your Los Angeles criminal defense lawyer and the prosecution are ready to proceed. The judge also hears any legal arguments related to the motion your lawyer has to make.
Motions to Block Evidence for a DUI Case
Your DUI lawyer may take steps to block evidence against you after a DUI arrest in California. Your lawyer will do this with a motion to suppress to prevent the prosecution from using evidence that was gained after a violation of your rights.
For example, a lawyer could work to block a confession you made under duress. Any evidence gained through an illegal search could also be blocked in California. Sometimes, a lawyer may work to dispute the validity of an arrest by digging into the police officer’s record.
Reviewing the officer’s past may require your lawyer to file a Pitchess motion. The results could call the law enforcement officer’s actions into question.
Motions to Dismiss DUI Charges in California
A DUI conviction in California could have serious effects on the rest of your life. In some cases, a conviction can result in:
- Thousands of dollars in fines
- Months in jail or prison
- Extended probation
- Restrictions on your driver’s license
- Difficulty obtaining employment or housing
- Losing your California driver’s license
However, an attorney could help you avoid jail for a DUI as well as other penalties. A lawyer can file a motion to dismiss your charges at a hearing.
The judge could agree to dismiss the charges you’re facing if there is no significant evidence against you. However, not all DUI charges are dismissed in California.
Complete a Free Case Evaluation form now
Prior Strikes and Your Motion Hearing in California
California uses a three-strikes program for some felony offenders. DUI charges may count as a strike in some cases, generally if the DUI resulted in a serious accident. You may face a lengthier prison sentence if you have past strikes on your record at the time of your DUI arrest.
A lawyer could file to temporarily remove these strikes. This motion can be used to request a Romero hearing. The judge can then decide to set aside your past strike, allowing you to avoid a doubled prison sentence. Note that if a felony DUI is your third strike, you could even end up facing life in prison.
Discuss All Aspects of Your Case with a DUI Lawyer
An experienced DUI lawyer can provide invaluable assistance and greatly improve the outcome of your case in several key ways:
Evidence Analysis and Challenges
Our criminal defense attorneys will thoroughly review all evidence against you, including blood/breath test results, video footage, officer reports, and witness statements.
We will look for any inconsistencies or violations of protocols that could call the evidence into question and file motions to suppress or dismiss unreliable or illegally obtained evidence.
Defense Strategy
DUI cases often hinge on technical details and procedures.
A lawyer can devise a strong defense strategy customized to your situation – whether it’s challenging probable cause for the stop, disputing the officer’s observations, arguing rising blood alcohol levels, or raising doubts about the blood/breath testing process.
Court Motions and Trial Advocacy
An attorney will file all necessary motions and represent you zealously throughout court proceedings. This includes motions to dismiss for lack of evidence, to exclude prior convictions, and to reduce charges through skilled negotiation tactics.
If your case goes to trial, we will provide effective defense representation.
Protecting Your Rights
Perhaps most crucially, a DUI lawyer is an advocate ensuring your rights are protected at every stage. We will make sure you are not interrogated improperly, overcharged by prosecutors, or treated unfairly by the system.
Our job is to safeguard your interests and leverage every legal avenue to minimize the consequences.
With so much at stake from a DUI conviction, having the right legal counsel is invaluable. An experienced DUI lawyer gives you the highest likelihood of the best possible resolution.
Contact a DUI Lawyer in California for Help Now
Now you know the answer to, “What is a motion hearing?” Facing DUI charges can be an overwhelming and stressful experience, with potentially life-altering consequences.
However, an experienced Los Angeles DUI lawyer can provide invaluable guidance and advocacy throughout the legal process, including crucial motion hearings. At the Simmrin Law Group, our skilled DUI defense attorneys are here to protect your rights and interests.
Do not gamble with your future – retain proven DUI counsel to make these intricate legal motions and fight to achieve the best outcome for you. Contact us today to start getting the defense representation you deserve. Visit our FAQ page to learn more.
Call or text (310) 896-2723 or complete a Free Case Evaluation form