Many individuals in California wonder how long they have to file a response to a motion in court. In fact, there are varying amounts of time for filing a response to a motion. In many cases involving criminal trials, you only have five days. In other situations, the court could give you 15 days.
We’ll go over some of the time limits associated with responses to motions with this article. We’ll also cover some common motions used in court in Los Angeles.
Examples of Time Limits for Responding to Motions
As we mentioned, the court system in California does not always give you the same amount of time to respond to a motion. Let’s review some of the time limits on motions and responses for:
The court system handles criminal and civil cases differently. Generally, the Rules of Court allow you to take five days to oppose pretrial motions for criminal cases. However, there are sometimes exceptions to this regulation. This time limit applies unless the court orders otherwise.
Motions to Dismiss
In some cases, lawyers can make a motion to dismiss criminal charges. The opposition has 15 days to file a response to this motion in some cases, per the California Rules of Court. For example, the prosecution can wait 15 days if the motion to dismiss is made because of a delay. Again, this time limit does not always apply.
Kinds of Motions for Criminal Cases in Los Angeles
We’ve mentioned that there are many different kinds of motions used in the court system in Los Angeles. Many of these motions are associated with criminal charges, including charges for driving under the influence (DUI).
Many motions are made before a trial begins in California. We consider these to be “pre-trial” motions. Depending upon the situation, a Los Angeles DUI lawyer could file a:
Request for a Probable Cause Hearing
A probable cause hearing is useful if an individual believes they were stopped for no reason by police officers. Police officers are not allowed to stop people unless they have probable reason to believe a driver is committing a criminal act.
Motion to Suppress
Sometimes, DUI lawyers in Los Angeles focus on blocking evidence that could work against their clients. For example, a lawyer could attempt to block the results of a blood alcohol content (BAC) test or the testimony of a police officer. This could weaken the prosecution’s case.
Prosecutors in Los Angeles are required to share certain evidence with the defense. This includes evidence that could prove that the defendant was not guilty. Failure to provide this evidence is against the law. A lawyer can file a Brady motion if they believe the prosecution is withholding evidence.
Motion to Dismiss
Finally, a lawyer can request that the judge dismiss criminal charges in some cases. Judges can dismiss charges if there is not enough evidence to support a conviction. Contact a lawyer if you have questions about any of these motions. Just call us at (310) 862-0199.
Results of Waiting Too Long to File a Response to a Motion
Waiting too long to file a response to a motion in California can have serious results. In some cases, this allows the court to just allow the motion to go through. In some cases, this could work in your favor. For example, let us say you are facing DUI charges.
Your lawyer handles all aspects of your case and eventually files a motion to dismiss your charges. The prosecution waits too long and does not file a response to this motion. The court ends up dismissing the charges against you. This means you could avoid a conviction for a DUI.
However, you should know that a dismissal does not always end a criminal case in California. The prosecution can re-file charges against you in some cases. Charges dismissed “without prejudice” can get filed again.
Speak to a lawyer if you are interested in getting a DUI charge dismissed. A lawyer can also provide you with additional information about other motions for criminal cases in Los Angeles.
Find Out How Long You Have to File a Response to a Motion
How long do you have to file a response to a motion in California? That can depend upon the kind of motion. However, in many cases, individuals have 15 days to file a response. You can get specific answers about the motion you are dealing with from a Los Angeles DUI lawyer. Just contact us by completing our online contact form. You can also call (310) 862-0199.
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