Anne Arundel County DUI Motions Hearings
A motion hearing is an automatically scheduled court appearance where an attorney may fight the evidence and methods police used to make an arrest. In some cases, this can result in the charges being thrown out entirely. To find out if your case may have illegally collected evidence, contact an attorney today to prepare for your Anne Arundel County DUI motion hearing. Let a seasoned DUI lawyer fight for you.
What is a Motions Hearing?
Motions hearings give the defense an opportunity to present their side of an issue to the court. In the district court, the hearing on a motion to suppress is usually incorporated into the trial itself. Anne Arundel County DUI motions hearings in circuit court take place on a separate date at least a few weeks in advance of trial to argue the legitimacy of the charge on any constitutional grounds. Such constitutional challenges can include illegal:
All those things are argued at a motion hearing in advance of trial because if a judge determines there was police misconduct or illegality, the judge will forbid the State from bringing specific evidence to trial and the case could be thrown out.
Motions to Suppress Evidence
A motion to suppress evidence is an attempt by the defense to challenge police conduct and illegality in order to keep certain evidence out from trial. Certain rules of evidence also may not apply.
The police have the burden of proof that there was no illegality in their handling of the individual and the arrest. Once the police handling of the individual has been challenged, the burden shifts to the State to establish that there was no illegality.
At the motions hearing, an officer will testify as to:
- What happened
- How it happened
- Why they believe they were justified each step of the way
Based upon the officer’s testimony, a defense attorney might:
- Object to the evidence
- Object to the testimony
- Can cross-examine the officer
- Can introduce evidence themselves.
At the end of the motions hearing, the judge will determine whether there was any illegality to substantiate or justify suppressing the evidence.
Additional Motions That Can Be Filed in a DUI Case
There are a number of documents that can be filed in a DUI case. Procedurally, a person can move to postpone a case, advance a case, or schedule as needed. They might file a Bill of Particulars, which asks for an in-depth description if the charging document is vague. The State and defense must advise the other party, in advance and in writing, of any expert they intend to call on at trial.
Anne Arundel County DUI Motions Hearing Scheduling
When an attorney is hired and the case remains in the district court, no separate motions hearing takes place. Rather, all issues are arguments are heard on the trial date. However, if the matter is moved to circuit court, often a separate motions hearing is scheduled. Often, the clerk’s office sets the motions hearing regardless of any request because it is very easy to withdraw.
An individual or their counsel can easily waive a motions hearing date, but if they need one, often in circuit court it is already scheduled in advance without having to worry about scheduling. In Anne Arundel, often a motions hearing will be scheduled, in advance of the actual hearing itself and before trial regardless of any request in circuit court.
Contact an Attorney About Anne Arundel County DUI Hearings Today
To prepare for your Anne Arundel County DUI hearing, contact a seasoned attorney today. A dedicated lawyer could guide you through the process, and perhaps suppress illegally collected evidence and potentially fight to get the charges dropped. Call today to schedule a consultation and start on your motion to suppress hearing and protect your constitutional rights.