Can any motions be filed during a status hearing?

Asked about 2 years ago - Jacksonville, FL

Will the prosecutor drop the charges if they havent found any evidence against the individual?

Attorney answers (3)

  1. Stephen Andrew Mosca


    Contributor Level 17


    Lawyers agree

    Answered . 1. Motions may be filed any time, if not with the court itself then with the clerk of the court. A motion may not be heard until both sides have had adequate time to respond appropriately. If you try to file something on the spot to get a ruling, that will likely not happen.

    2. The prosecutor SHOULD drop charges if there is little or no evidence to convict. If they do not, the ultimate remedy is to put the matter before a finder of fact - the judge or jury.

    The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca... more
  2. Amber Hill


    Contributor Level 14


    Lawyers agree

    Answered . Yes, you can file a Motion in open court at a status hearing. Are you asking if another Motion can be heard during your status hearing? Yes possibly but there are certain protocol that needs to be filed.

  3. Richard Earl Hornsby

    Contributor Level 17


    Lawyer agrees

    Answered . Yes, you can file a motion any time you want, however a judge probably will not entertain the motion unless is is specifically set for a hearing. As to your second question. It depends.

Related Topics

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Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

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A criminal court tries only criminal offenses, such as theft, assault and battery, or drug possession. Civil courts handle civil cases, such as lawsuits.

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