The Most Important Motions in Criminal Cases

Trial Basics in Criminal Proceedings
December 13, 2014
Guidelines for Keeping A Good Case Journal for Trial
December 14, 2014
Show all

The Most Important Motions in Criminal Cases

This page is www.lawyerdude.8k.com/motions.html
Related pages:
Brief banks: Google for “brief bank”
Motions 101: http://www.lawyerdude.netfirms.com/6025.html
Briefs 101: http://www.lawyerdude.s5.com/6435memo.html
100 Actual Winning motions: http://www.circuitlawyer.8m.com/traffic.html
I once owned a superb criminal forms book – but I lost track of it when I was in mail and they cleaned out my office and library. There are criminal forms books in the library. Use them.

If you can’t find a particular motion for you, please remember the following:

1. The criminal procedure process borrows from the civil procedure process. Look in a Civil Procedure book. Look in the civil procedure statutes for your state. Look in your civil procedure rules for your state or the federal rules of civil procedure.

2. Improvise! Make the motion. Every good case can be converted into a motion to dismiss and a jury instruction !

3. Many motions have a corollary in a jury instruction.

4. There are several critical sources of law in the area of criminal procedure.

a. Ask around. Ask a local lawyer.

b. The rules of criminal procedure in your state. Rules are not statutes. Rules are merely recommendatory.

c. The criminal statutes in your state. This is the statutory law. It nonetheless must yield to the constitution and common law.

d. The 143 cases that define your criminal rights: http://www.circuitlawyer.8m.com/weinreb.html

e. The local rules of your local court.

5. Remember that you can appeal some motions before trial. Do this! See PC 1538.5 for example. Be aggressive!

6. Google for “brief bank” to find tons of motions.

7. Do not be intimidated about writing motions. The U.S. Supreme Court has ruled that anybody can write: http://lawyerdude.8k.com/avery.html

The 20 Most Important Criminal Motions:

Important: New: Federal Public Defender Brief bank: http://www.ndcalfpd.org/Briefbank.htm

1. Demand for legible copy of the ticket. http://www.lawyerdude.netfirms.com/7621.html

2. PC 1318 Demand to be released O.R. (on your Own Recognizance). http://www.lawyerdude.netfirms.com/1318.html http://www.lawyerdude.netfirms.com/1318.pdf Sample Motion for Release O.R. in California. There are similar provisions in every state! I can find em for you!

3. Bail reduction motion. Some states only permit you to do this once, but then that rule and all rules are merely recommendatory; they are not statutes; even statutes yield to the common law. Before you post bail, you may want to whack the counts that the prosecutor has added. They add throwaways as bargaining chips. This can save your parents thousands of dollars in bail bond fees.

4. New. Demand to have Lawyerdude speak for you remotely by instant messenger thereby producing instant transcript! The internet will make us free! http://www.lawyerdude.netfirms.com/7608.html http://www.lawyerdude.netfirms.com/7608.pdf

5. Demand for appointed counsel.( A Gideon/ Argersinger/ Shelton motion.) They will give you a lawyer but he won’t write a written motion for you. If you graduated college then you should be your own lawyer.

6. Discovery demand letter http://www.lawyerdude.8k.com/6255.html

7. Discovery motion. PC 1045.5b http://www.lawyerdude.8k.com/6340.html

8. Brady Motion is a discovery motion. Non California Discovery motion. California PC 1054.5b is way better. Borrow from it. http://www.lawyerdude.8k.com/6340.html You can use Brady when your state has no discovery statutes. http://www.fu.gq.nu/brady.html Remember that the criminal borrows from the civil. Use the civil discovery statutes in your state or borrow from California’s criminal statutes regarding discovery: http://www.lawyerdude.8k.com/6472.html

9. Motion to Suppress PC 1538.5 http://www.lawyerdude.8k.com/6314.html

10. Motion to Suppress. Non-California: Here is an aggressive one: http://www.lawyerdude.netfirms.com/5902.html

11. Appeal of 1538.5 is authorized by 1538.5 to be appealable by extraordinary writ before trial. A petition for extraordinary writ at the court of appeal should contain transcripts and motions, and a docket record. It is days of work!

12. Demurrer. PC 1004 et seq. Called rule 12 in some states: http://www.lawyerdude.8k.com./6464.html

13. 995 Motion. PC 995 http://www.lawyerdude.netfirms.com/5686.html

14. Marsden Motion. Here is the Marsden case: Here is a successful Marsden/ Faretta motion page: http://www.lawyerdude.8k.com/5023.html

15. Faretta Motion. http://www.lawyerdude.netfirms.com/faretta.html A Faretta motion will trigger a Faretta hearing. The judge may conclude that you lack sufficient education to speak for yourself. He will push a public defender on you even though the public defender won’t help you. Write up a contract for the public defender. Tell him what motions to file. Recall the case of Harrison Cronic. Harrison spent more time litigating against his own incompetent lawyers than he did litigating for his case. The court found that his lawyer was indeed incompetent. Harrison Cronic is not to be confused with Harry Connick, Jr., unless that helps you remember the name of this case: http://www.lawyerdude.netfirms.com/cronic.html

16. Petition for writ of habeas corpus. Big fat one: http://www.lawyerdude.8m.com/3433.html There are better example. Each jail has a printed “Petition for Writ of Habeas Corpus waiting for you to ask for it.

17. Motion for continuance is controlled by California Penal Code section 1050 et seq as I recall. Charlie’s. Threw in some demands: http://www.lawyerdude.netfirms.com/5924.html The rules generally require 10 days notice in California criminal cases but the court will always grant a motion to shorten time. Also, the public defenders and prosecutors do many oral motions without any notice whatsoever. There is a constant barrage of assaults on your rights.

18. Pitchess Motion. There are a half dozen California cases names “Pitchess” because he was the sheriff of Los Angeles county once. Obviously some idiot named this motion wrong. I think that it is a motion to look into the personnel files of a cop.

19. Overbreadth motions. Very powerful! http://www.lawyerdude.8m.com/5409.html Instant winner for Steve Bloomer: http://www.circuitlawyer.8m.com/5571.html This one was denied: http://www.lawyerdude.netfirms.com/3596.htm

20. Motion to dismiss. California Penal Code section 995 motion. Very Important motion. If your lawyer does not file one then he aint even trying.

21. Gerstein motion. http://www.fu.gq.nu/gerstein.html Gernstein is a fundamental read regarding pre-trial detention and your right to a prompt probable cause hearing under the common law.

22. Dombrowski motion. http://www.lawyerdude.8m.com/dombrowski.html

23. Hurtado motion – demand for grand jury

24. Demand for jury

25. Demand for deposition of witness

26. Discovery request forms. Interrogs.

27. Subpoena forms

28. Jury instruction forms. You must write your own jury instructions. The ones that they give you will kill you.

29. Bradley motion: Get this issue resolved before trial! Mandatory sentencing rules.

Crass Promotional Links: Upgraded Friday, April 21, 2006

Telephone Lawyerdude: 541 476 8954. Email: [email protected] [email protected]

This subdocument is http://www.lawyerdude.netfirms.com/5734.html Click it to get the latest version.

Please join my newest Yahoo group for discussion or legal self help litigation. Here is the link to the link: http://www.lawyerdude.8k.com/6346.html

Do you have questions? Join our Discussion group: http://groups.yahoo.com/group/the_lawyerdude

Instant message me: I am lawyerdude1989 on Yahoo instant messenger.

My phone number and email address may change from time to time. If the telephone number or email address on this page is outdated then please join my group http://www.groups.yahoo.com/group/the_lawyerdude or migrate to more recent pages. There is a 4 digit number up in the top left corner of the page. Not the counter number. There is often a date at the bottom of the page. Migrate to newer pages to see my newer telephone number and email address.

My most useful web pages and my most popular web pages are these following pages:

Links for your Empowerment! Self help Litigation forms, instructions, cases, and samples.

30. What has been newly posted by Lawyerdude: www.circuitlawyer.8m.com/5673.html

31. How to Win. Overview. Getting started: http://www.lawyerdude.netfirms.com/7260.html

32. Over 100 actual winning motions from 22 winning pro se litigators ! http://www.circuitlawyer.8m.com/traffic.html

33. Motions 101. How to write and file and serve a motion: http://www.fu.gq.nu/6025.html

34. Briefs 101. How to write a Memorandum of Law: http://www.lawyerdude.s5.com/6435memo.html

35. Lawyerdude’s Empowerment page: http://www.lawyerdude.8k.com/medley.html

36. What performance you should expect from your criminal defense counsel: http://www.circuitlawyer.8m.com/5635.html

37. Your litigation rights page. Learn your litigation rights! http://www.circuitlawyer.8m.com/5687.html

38. Charlie’s Transcripts. Learn how to charm the judge and win your case: http://ronfox.250free.com/charlie.html

39. Learn the law ! Links to the 143 cases that define criminal procedure: http://www.circuitlawyer.8m.com/weinreb.html

40. Eighteen actual Section 1983 federal complaints: http://www.lawyerdude.netfirms.com/6008.html

41. List of the 30 most important criminal court motions. They are listed in Lawyerdude’s Bill of Rights for Criminal Defendants in jail. This is my New Standard by which to measure effectiveness of counsel. Make your appointed lawyer toe the line: http://www.circuitlawyer.8m.com/5635.html

42. Courtroom assertiveness 101: How to be assertive in court. Scripts for the Pro Se litigant:

http://www.circuitlawyer.8m.com/5537.html

43. Were you strip searched? Sue em! http://www.circuitlawyer.8m.com/5728.html Do they do a strip search anus check every time you go to the law library? Did your jail not have a law library?

44. List of the most quotable cases and the most useful web pages for the pro se Litigator: http://www.lawyerdude.8k.com/medley.html

45. Your case summary and trial notebook form: http://www.lawyerdude.8k.com/summary.html

46. My Demurrer page: perfect record so far: http://lawyerdude.8k.com/5736.html

All about Lawyerdude

47. List of my 200 most popular web pages according to Google. http://www.lawyerdude.8k.com/5733.html

48. My winning argument regarding the 1st amendment where I argued the Law to the jury without interruption: http://www.lawyerdude.netfirms.com/5918.html

49. Raid at the Good Nite Inn based on mistake of law by District Attorney: http://www.lawyerdude.netfirms.com/brosnan.html

50. My ongoing battle with the mistaken, oppressive, and political state bar: http://www.lawyerdude.8k.com

51. Lawyerdudes’s biographical page: http://www.lawyerdude.8m.com/mystory.html

52. My LSD story and brief: http://www.lawyerdude.8m.com/5431.html

53. How to work well with Lawyerdude: http://www.lawyerdude.8k.com/contract.html

54. My most important page. My top 10 lists: http://www.lawyerdude.8m.com/5459.html

55. My ideas. My 10 proposed amendments to the bill of rights: http://www.lawyerdude.8m.com/5123.html

56. My home page: http://www.lawyerdude.8m.com Or my mirror site: http://www.lawyerdude.netfirms.com

My biggest fattest briefs:

57. My “state bar acts are unconstitutional!” brief: http://www.lawyerdude.8k.com/3789.html

58. My 100 page LSD brief: http://www.circuitlawyer.8m.com/1170.html Use this for your drug case!

59. My collection of “right to drive” briefs: http://www.lawyerdude.8k.com/right2drive.html

60. Lawyerdude’s briefs: http://www.circuitlawyer.8m.com

More Lawyerdude links and Recommended Reading list

61. Lawyerdude’s traffic page: http://www.lawyerdude.8m.com/5259.html

62. Lawyerdude’s library. A prioritized reading list. A list of books that farm folk and an enlightened populace should read. Some of these books justify weekly or monthly review – like your Bible – for your own defense. http://www.lawyerdude.netfirms.com/library.html

63. List of links to the Latest uploads from Lawyerdude: http://www.circuitlawyer.8m.com/5673.html

64. Lawyerdude’s Contemporary Constitutional Issues: http://www.circuitlawyer.8m.com/5693.html

65. Lawyerdude’s links page: http://www.lawyerdude.8m.com/links.html

66. Lawyer’s Manifesto: http://www.lawyerdude.8k.com/5753.html

Leave a Reply

Your email address will not be published. Required fields are marked *