The court is trying to convict my boyfrind on a DWI charge. They have no evidence of any kind. He recieved a notice in the mail and it stated that a motion setting has been set. Does this mean that his lawyer filed some type of motion? When he appears for this, what is to be expected on this day? His lawyer has not notified him of anything and we are just wondering about this.
DUI / DWI Attorney
He should definitely speak with his lawyer. Typically, a motion setting means that someone, either the defense or prosecution, has requested that the case be set to hear motions. They may or may not have filed any motions. Occasionally, the court will use the generic term "motions" for every setting. It really just depends on the custom of the court. You may be able to get more specific information by checking the court's website or calling a court clerk. This website may be able to help you, assuming you are in Bexar County from AVVO showing you are in San Antonio.
Good luck and I hope this helps.
Criminal Defense Attorney
I agree with Joshua - he needs to contact his lawyer to determine the meaning of a motion setting. Every county and really just about every court use a variety of settings when a case is pending and they call them different names even though many mean the same thing.
If I were guessing, I would say that his lawyer filed motions that are going to be heard by the court that day and they related to discovery matters. (Discovery is efforts by the lawyer to gather information to prepare for trial.)
Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.
DUI / DWI Attorney
A motion date is usually like a mini-trial, but instead of deciding guilt or innocence the court rules on evidentiary matters. Whoever filed the motion, whether it was the prosecution or your boyfriend's attorney, is requesting that the court rule on certain issues before a trial. Motion hearings are great because they can be used to get a case dismissed, charges reduced, or better plea deals.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.