After the arraignment, the defendant has until 10 days preceding the dispositional conference date to file motions. The court can extend this time with just cause.
Types of Motion
The most common motion is called a Motion to Suppress. This motion essentially asks the judge to prevent the District Attorney from using certain information against the defendant at trial, whether it be certain evidence that was collected during the investigation or statements made by the defendant. Other common motions include:
- Motion for Additional Discovery
- Motion to Dismiss
- Motion for Funds for Private Investigator
Due to the fact that trials cannot occur until all preliminary motions have been resolved, cases can be delayed for weeks or even months. All motions are either worked out between the attorneys before a hearing or by a judge after a hearing.