If you are charged with a crime in New Mexico State court, getting motions filed on your behalf is crucial to victory and getting relief from unfair conditions or various problems that can arise. A motion essentially tells the court to change the ordinary course and status quo for the sake of justice. A lawyer has to be creative in thinking of what motions to file, must listen to understand the problems, use great research and writing skills to compose the motion and have the verbal intelligence to convince the judge that it is righteous. These motions play a crucial role in shaping the course of a criminal case and protecting the rights of the accused.

Pre-trial Motions

Motion to Dismiss: This motion requests that the court dismiss the charges against the defendant. It may be filed for various reasons, such as lack of evidence, procedural errors, or violations of the defendant’s constitutional rights. Sometimes the case itself is invalid for any number of causes; a motion to dismiss may be a knockout punch. But even if not successful it might alert the judge to inherent and serious problems with the case.

Motion to Suppress Evidence: This motion asks the court to exclude certain evidence from being used at trial, typically on the grounds that it was obtained illegally or in violation of the defendant’s rights. If you were wronged or trampled upon when the police took their evidence, this is a crucial way of getting equitable relief. It is a proud duty of a criminal defense attorney to protect the rights of us all by standing up for your own personal rights in this specific case.

Motion for Reconsideration Pretrial Detention or Motion to Modify Conditions of Release: The prosecutor may file this motion to request that the defendant be held in custody until trial. The court must find by clear and convincing evidence that no release conditions will reasonably protect public safety. On our side, a defendant may file a reconsideration motion to request changes to their release conditions to let them out. Usually, we have to show a significant change in circumstances to get a real shot. Lesser conditions of release may be easier to change such as easing travel restrictions or modifying no contact orders.

Procedural Motions: The prosecution may fail in its deadlines to get your case to trial in a speedy fashion. These motions may challenge this failure or ask for other accommodations on our side.

Trial-related Motions

Jury Motions: It may be important to ask for a special jury questionnaire to pre-screen jurors to ensure fairness.

Motion in Limine: This motion is filed before trial to exclude certain evidence or testimony from being presented during the trial or that certain evidence be “pre-accepted” and vetted by the court. These “game time motions” are crucial to a vigorous trial practice. I recently gave a presentation to the New Mexico Criminal Lawyers Association on this topic!

Motion for Mistrial: If a significant error or misconduct occurs during the trial, either party may file this motion to request that the judge declare a mistrial.

Post-trial Motions

Motion for New Trial: This motion must be filed within ten days after the verdict and before judgment is entered. It requests a new trial based on various grounds, such as legal errors during the trial or newly discovered evidence.

Motion to Modify Sentence: After sentencing, a defendant may file this motion to request a reduction or modification of their sentence.

There are so many other types of motions that can be filed! A lawyer needs to understand the law, the special circumstances at play, and use their creativity to unlock the potential!

Procedural Requirements

When filing motions in New Mexico State courts, certain procedural requirements must be followed:

• There may be some strict deadlines for motions imposed by the Court that are crucial to meet. These deadlines may be spelled out in the Court’s scheduling order.
• Motions must be in writing, unless made during a hearing or trial.
• They must state the grounds for the motion with particularity and specify the relief sought.
• The moving party must determine if the motion will be opposed and attempt to obtain concurrence from the opposing counsel. Some motions, such as those to dismiss, for a new trial, or to suppress evidence, do not require the movant to seek concurrence from the opposing party.
• For opposed motions, the motion must state that concurrence was requested or explain why it wasn’t.
• Responses to motions must be filed within 15 days after service of the motion, unless otherwise specified.
• Reply briefs must be filed within 15 days after service of the response.
• If the Court does not find the motion well-founded or believes the decision is obvious, it may decide the motion without a hearing.

Motions practice for criminal defense attorneys is a way to stand out and actively fight in a case. They take effort, creativity, and skill, but their use can literally change the course of a case!