Under Kanas criminal law there are a myriad of potential motions that can be filed in your case. Here are the five most commonly filed:
1. Motion to Suppress - Your attorney will likely use this motion if something in the evidence against you was obtained in violation of your Constitutional rights (ex. no search warrant, failure to Mirandize, illegal search, etc.). This can make-or-break the case against you. This motion has other purposes and can additionally help you overcome the charges against you;
2. Motion in Limine - This is similar to the Motion to Suppress but used to block lawfully obtained evidence from the jury's privy. For instance, this may be used to exclude incredibly gruesome, and otherwise only being used to upset the jury, pictures. This is a complex legal argument that is usually filed in advance but argued once the State moves to admit the evidence;
3. Motion to Dismiss - This motions is meant to have the some or all of the case against you dropped. There exists many reasons this may be filed (ex. no violation of law, lack of jurisdiction, etc.). Be aware that these are not generally successful;
4. Motion to Modify Bond - Once bond, or bond conditions are set, your attorney may move to have those terms adjusted (ex. amount of bond, house arrest, etc.). This must heard by the judge and will oftentimes is objected to by the state. Your attorney's argument for change in terms will be based on case law and Kansas bond guidelines; and
5. Departure Motions - These should be filed before sentencing. The defense will ask that you receive less penalty than the Kansas Sentencing Guidelines suggests. This motion is multi-pronged and addresses mitigating and aggravating factors, your PSI results, and more. It is also possible that the State argues departure upward (i.e. asking that the Court impose stiffer consequences). If you don't seek departure the Court and prosecutor do not have to on your behalf.
These are just a few of the potential motions that can be filed in your case. Call an attorney today and find out what may be necessary in your case. Attorney T. Morton serves Johnson, Leavenworth and Douglas County, Kansas and the surrounding counties, and is available to talk NOW 913-602-7288.