What is a motions hearing in a Colorado criminal case?

A motion hearing in a Colorado criminal case is a court hearing that typically takes place in preparation for a scheduled jury trial.

Courts schedule motion hearings after either the prosecution or defense files a motion, which is a request for the court to take a certain action. The hearing is where the defense and prosecution can argue in open court for and against this request, and the judge can ask both sides questions about the motion.

The judge either makes a decision on a motion at the end of the hearing or takes the matter under advisement and issues a decision at a later date.  In a few cases, the judge decides a motion without a court appearance at all and relies solely on the two sides’ written motions and responses.

Either way, the prosecution and the defense lawyers have to follow the judge’s decision moving forward. Keep reading to learn about different types of pretrial motions that are the subject of court hearings in Colorado.

What are the types of motion hearings in Colorado?

1. Evidentiary motions hearings

One of the most common types of evidentiary motions is the motion to suppress evidence. In these cases, the defense attorney typically accuses the police officers of

• having committed an illegal search and seizure (often by not having a valid search warrant) in violation of the Fourth Amendment, or
• extracting a confession without first Mirandizing the defendant in violation of the Fifth Amendment’s right against self-incrimination or the Sixth Amendment’s right to counsel.
• identifying the defendant using unlawful procedures in violation the Due Process Clauses of the Fifth and Fourteenth Amendments.

Here, the defense attorney would argue that any evidence that law enforcement officers found from that unconstitutional actions should be excluded as evidence.

Oftentimes suppression motions are dispositive, meaning how the judge decides can influence the entire direction of the case. For example:

• if the prosecution wins the hearing and the judge allows incriminating evidence in, the defendant may decide to take a plea to a lesser criminal charge instead of risking a guilty verdict at trial; or
• if the defense wins the hearing and the judge suppresses the incriminating evidence, the prosecution may have no choice but to drop the whole case for lack of proof.

In limine

Also common are evidentiary motions “in limine“, where both the defense and prosecution ask the judge to rule on the admissibility of certain evidence prior to trial. Typical examples are:

• the prosecution asking the judge to bar the defense from introducing evidence of a rape victim’s sexual past in accordance with the Rape Shield law;
• the defense asking the judge to bar the prosecution from introducing evidence of the defendant’s past wrongdoings (“other acts”) that might cause a jury to assign a motive or criminal intent to the defendant.

Another tactic defendants use is filing a motion for impeachment evidence of prosecution witnesses. This is a way the defense attorney can cast doubt on the district attorney’s witnesses’ testimony.

2. Discovery motions hearings

The purpose of discovery motions is to compel the production of evidence (“discovery”) that cannot be gotten without a judicial order. Common examples are someone’s:

• juvenile delinquency records;
• medical and psychiatric records; and
• educational records.

Through a discovery motion, defendants can ask the court to allow them to run state’s evidence through scientific tests which the prosecution disingenuously claims will damage the evidence.

In terms of evidence that is favorable to the defendant, prosecutors already have an ongoing duty throughout the pretrial process to produce this evidence without the defendant having to ask them for it. Though in case the state balks, defense attorneys can file a motion to produce exculpatory evidence.

3. Procedural motion hearings

Many court hearings have nothing to do with the underlying charge the defendant is facing but instead involve purely procedural issues. Four examples of these motions are:

1. Motion for change of venue – Here, defense attorneys typically argue that the defendant cannot get a fair trial in the current court because of bad publicity poisoning the jury pool, and that even careful jury selection and instructions cannot neutralize the prejudice; therefore, the only fair option is to change venues or at least to empanel jurors from another county.
2. Motion to recuse a judge – This is where defense attorneys may argue that the judge has a conflict of interest and cannot be fair and impartial.
3. Motion for a new attorney (or to appoint a new public defender for indigent defendants) – In these cases, the court’s most important consideration is the defendant’s Constitutional right to be represented by effective counsel.
4. Motion to dismiss for an invalid information or indictment – These motions are rare because the prosecution is usually careful about putting forth facially valid charging documents.

4. Detention motion hearings

The following two motions determine whether the defendant can remain out of custody pending the criminal trial, and on what terms. The seriousness of the underlying charge the defendant faces plays into the judge’s decision:

1. Motion to reduce bond  – These typically occur at the beginning of a case in an effort to lower bail or get O.R. release. The court may schedule a bond hearing to discuss bail issues. Though in many cases, the defense attorney does not file a written motion and instead asks for an impromptu bail hearing during the arraignment.
2. Motion to quash a bench warrant – Judges usually issue a bench warrant when a defendant misses a mandatory court date, requiring their defense attorney to then ask the judge to recall the warrant.

5. Competency motion hearings

People cannot take the witness stand at trial unless they are legally competent. Three motions that address this issue are:

1. Motion for mental examination of the defendant – The defense attorney may ask for this to show the defendant is not competent to stand trial.
2. Motion for psychiatric examination of the defendant – This is necessary for the defendant to plead insanity.
3. Motion for psychiatric examination of prosecution witnesses – The defense attorney may ask for this to keep out damaging state witnesses who may not be legally capable of taking the stand.

6. Motion hearings to dismiss

Typically at the beginning of a case, a defense attorney will bring a motion to dismiss the case. Common grounds for dismissal are that:

• the criminal statute is unconstitutional,
• the statute of limitations has run,
• the court lacks jurisdiction to hear the case,
• there has been “destruction of evidence” in violation of the Fifth and Fourteenth Amendments,
• the court deprived the defendant of a speedy trial in violation of the Sixth Amendment,
• the police lacked probable cause to make an arrest or to secure an arrest warrant in violation of the Fourth Amendment, or
• the charge violates the Fifth Amendment double jeopardy provision (meaning that the defendant was already acquitted or convicted of the crime the state is now trying to prosecute them again for).

7. Post-trial motion hearings

Following a guilty verdict, the defense attorney may bring such post-trial motions as:

• a motion for a new trial, asking for a do-over; or
• a motion for a judgment notwithstanding the verdict (JNOV), asking for the judge to set aside the jury’s verdict and acquit the defendant; or
• a motion for reconsideration (Rule 35b motion), where the defendant asks the judge for a lesser sentence than the one issued at the sentencing hearing.

Are all motions in writing?

Most of the time defense attorneys and prosecutors submit their motions in writing, complete with citations to authorities (cases and statutes) that back up their claims. Though sometimes, attorneys make an oral motion in court with no written filings.

When a motion is oral, Colorado judges tend to hold an impromptu hearing on the matter and issue a ruling right afterwards. Though as with written motions, judges can take oral motions under advisement and issue a decision later.

Are motion hearings worth it?

Even though most criminal cases settle through a plea agreement rather than a trial by jury (or a bench trial), filing motions and holding a hearing are not a waste of time. How the judge decides the motions steers the way the D.A. and defense counsel ultimately resolve the case.

For instance if the judge consistently grants the defense attorney’s motions and issues court orders in the defendant’s favor, the prosecutors may doubt their ability to prove guilt beyond a reasonable doubt. They may then be more likely to drop the charges or else offer a favorable plea bargain.

Facing a felony charge, misdemeanor charge, or petty offense charge? Our criminal defense attorneys offer consultations and legal advice on how we fight to get your case reduced or dismissed.

Our law firm appears in county courts and district courts in Denver, Colorado Springs, and throughout the state of Colorado on everything from misdemeanor DUIs to serious felony cases. We handle every stage of the criminal justice system process, from arraignment and pretrial conference to preliminary hearing and trial.

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