What does a court hearing scheduled and called "criminal motion" mean?

Asked over 1 year ago - Andover, OH

my boyfriend is in jail being accused of rape of a minor hes been there for almost 5mths...rape kit was negative and his public defender is actually on his side...investigator also says it sounds bogus...but what does this next hearing mean? event type criminal motions...then three months after that is event type is criminal jury i dont understand whats going on... i believe he's innocent but im worried!! plz help me understand if u can....

Attorney answers (3)

  1. Kyle J Bristow

    Contributor Level 13

    2

    Lawyers agree

    1

    Answered . There are many types of pretrial motions that may be filed by a criminal defense attorney: motion to compel discovery (to force the prosecutor to reveal evidence); motion in limine (to get the judge to decide whether certain evidence can or cannot be admitted at trial); motion to suppress evidence (to prevent evidence from being admitted at trial because it was acquired in an unconstitutional manner); motion to dismiss (i.e., statute of limitations violated, speedy trial rights violated, law is unconstitutional, etc); etc.

    Your boyfriend's lawyer likely filed some sort of motion, and a hearing has been scheduled in which the judge will decide whether or not to grant the motion.

    You should refrain from posting anything online about your boyfriend's case, nor should you speak about the case with anyone. What you say and/or write may be able to be used against your boyfriend at trial.

    No attorney-client relationship is established via AVVO.com. The material posted by Kyle J. Bristow, Esq., is for... more
  2. Zachary Douglas Mayo

    Contributor Level 10

    1

    Lawyer agrees

    1

    Answered . I agree with what Mr. Bristow said. Call the clerk's office to ask what kind of motion hearing it is, they should be able to tell you as it is a matter of public record. You should be able to attend as well.

    Also, public defenders are always on their client's side. They're usually some of the best attorneys around. Remember, they're defending people like your boyfriend for a fraction of what they would be paid in the private sector. And they do it because they believe in the work.

  3. Christopher Lee Beck

    Pro

    Contributor Level 18

    Answered . Someone has most likely filed a motion of some kind (i.e. motion to suppress or motion to dismiss) and the court has set a hearing. This is just my guess those based on the information you provided and not having reviewed the specific docket.

    www.becklawofficellc.com

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more

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