What Motions Should Your Attorney Be Filing? A Defendant's Guide

If your criminal case has been going on for months and your attorney hasn't filed a single motion, you need to ask why.

Motions are the primary weapon in a defense attorney's arsenal. They're formal requests to the court that can suppress evidence, dismiss charges, exclude testimony, and force the prosecution to play fair. Some of the biggest case wins happen not at trial, but at motion hearings weeks or months before.

And yet, many defendants have no idea what motions are, which ones apply to their case, or whether their attorney has filed any.

Let's fix that.

What Is a Motion?

A motion is a written request to the judge asking them to do something — exclude evidence, compel the prosecution to turn over documents, dismiss charges, or rule on a legal issue before trial.

Motions are filed in writing, and the judge usually holds a hearing where both sides argue. The judge then makes a ruling. That ruling can fundamentally change your case.

Some motions can end your case entirely. Others can remove the prosecution's strongest evidence. Even motions that get denied can set up important issues for appeal.

The Motions Every Defendant Should Know About

Motion to Suppress Evidence

What it does: Asks the judge to throw out evidence that was obtained illegally — through an unlawful stop, search, seizure, or interrogation.

When it matters:

• Police pulled you over without reasonable suspicion
• They searched your car, home, or person without a valid warrant or exception
• You were interrogated without Miranda warnings
• A confidential informant's tip didn't have sufficient reliability
• GPS tracking or phone surveillance was done without proper authorization

Why it's powerful: If the judge grants a suppression motion, the prosecution loses that evidence. In drug cases, suppressing the drugs themselves can mean the entire case gets dismissed. In DUI cases, suppressing the traffic stop can eliminate everything that followed.

The Fourth Amendment protects you from unreasonable searches and seizures. If the police violated it, your attorney should be filing this motion. If they haven't even discussed it, ask why.

Motion to Compel Discovery

What it does: Forces the prosecution to hand over evidence they're required to share but haven't.

When it matters:

• You haven't received police reports, lab results, or witness statements
• The prosecution claims they've turned over everything but you suspect there's more
• Body camera or dashcam footage hasn't been provided
• Expert reports are missing
• The prosecution is dragging their feet

Under Brady v. Maryland (1963), the prosecution is constitutionally required to turn over any evidence that could help your defense. This includes evidence that hurts the credibility of their witnesses, contradicts their theory, or points to someone else.

If your attorney hasn't received full discovery — or suspects the prosecution is hiding something — this motion forces the issue.

Brady Motion

What it does: Specifically demands exculpatory and impeachment evidence the prosecution is required to disclose.

Why it's separate from regular discovery: Brady material includes things the prosecution might not think of as "evidence" — like a witness's criminal record, a deal they made with a cooperating co-defendant, complaints against the arresting officer, or evidence that contradicts their theory of the case.

Real-world example: In many drug cases, the prosecution relies on confidential informants. Those informants often have their own criminal cases, pending charges, or deals with the government. That information can destroy their credibility on the stand — but the prosecution won't volunteer it. A Brady motion forces them to.

Motion to Dismiss

What it does: Asks the judge to throw out the charges entirely.

Grounds for dismissal:

• Insufficient evidence — the prosecution can't prove the elements of the charge
• Speedy trial violation — your right to a speedy trial has been violated
• Prosecutorial misconduct — the prosecution did something improper
• Statute of limitations — the charges were filed too late
• Double jeopardy — you're being charged for something you were already tried for
• Grand jury irregularities — (in federal cases) problems with how the indictment was obtained

Motions to dismiss are hard to win, but even filing one forces the prosecution to articulate their case early and can reveal weaknesses.

Daubert or Frye Motion

What it does: Challenges the reliability of expert testimony or forensic evidence.

When it matters:

• Drug identification was done with a field test (notoriously unreliable)
• Blood or breath alcohol testing had calibration issues
• The prosecution's "expert" has questionable credentials
• Forensic evidence (DNA, ballistics, digital forensics) used methods that aren't scientifically reliable
• Drug weight includes packaging (which inflates the amount)

Why it matters: Juries trust experts. If the prosecution's expert says "this is cocaine" or "this blood alcohol level proves intoxication," jurors tend to believe it. A Daubert motion can exclude that testimony before the jury ever hears it.

Motion in Limine

What it does: Prevents specific evidence or arguments from being presented at trial because they're prejudicial, irrelevant, or inadmissible.

Examples:

• Excluding evidence of prior arrests or convictions that aren't relevant
• Preventing the prosecution from mentioning gang affiliation without proof
• Excluding inflammatory photos that don't prove anything
• Preventing witnesses from testifying about things they didn't personally see (hearsay)

These motions shape what the jury sees and hears. They're tactical — and an experienced attorney files them strategically.

Motion for Bill of Particulars

What it does: Forces the prosecution to provide more specific details about the charges against you.

When it matters: Sometimes the indictment or information is vague. "Possession with intent to distribute" doesn't tell you when, where, or what specific substance. A bill of particulars forces the prosecution to commit to specifics — which can narrow their case and expose weaknesses.

Motion to Sever

What it does: If you're charged with multiple counts or co-defendants, this motion asks to separate them into different trials.

Why it matters: Being tried alongside a co-defendant who made a confession can be devastating — even if that confession has nothing to do with you. Jurors hear it and can't unhear it. Severance prevents that contamination.

Similarly, if you're charged with five different offenses, trying them all together can make you look like a career criminal. Separating them gives each charge a fair hearing.

"My Attorney Says Motions Aren't Necessary"

Maybe. But ask them to explain why each specific motion doesn't apply to your case. Not a general "motions won't help." A specific explanation.

For example:

• Motion to suppress: "The search was conducted with a valid warrant, and I've reviewed the affidavit — it's solid."
• Brady motion: "We've received comprehensive discovery and I've confirmed there are no outstanding materials."
• Motion to dismiss: "The evidence meets the elements of the charge, and there are no procedural deficiencies."

If they can articulate specific reasons, they've done their job. If they wave it off, they may not have analyzed the issue at all.

When Should Motions Be Filed?

This varies by jurisdiction, but generally:

• Suppression motions: Often have early deadlines — sometimes 30-45 days after arraignment. Miss it, and you lose the right to challenge the evidence.
• Discovery motions: As soon as the prosecution fails to comply with disclosure obligations
• Motions to dismiss: Can be filed at various stages, but sooner is better
• Motions in limine: Typically filed in the weeks before trial
• Daubert motions: Usually filed well before trial to allow for hearings

Key point: Some of these motions have strict deadlines. If your attorney misses the window, the motion can be waived — meaning you lose the right to raise that issue forever. That's why waiting is dangerous.

What to Do Right Now

1. Ask your attorney: "What motions have you filed or plan to file?"
2. If none: Ask them to explain, for each motion listed above, why it doesn't apply
3. Get it in writing: Follow up the conversation with an email summarizing what was discussed
4. Check the court docket: In many jurisdictions, you can look up your case online and see what's actually been filed

If you're not getting clear answers — or if you want someone to review your case and identify which motions should have been filed — that's exactly what we do.

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This is legal information, not legal advice. We are not attorneys and do not provide legal representation. We provide research, analysis, and questions to help you work more effectively with your attorney.