When there are multiple parties charged with the same crime, they can be charged as co-defendants. A successful motion to suppress will cause a judge to rule that any evidence gained in violation of the Defendant’s rights is inadmissible at trial. A motion to suppress may also challenge violations of the Fifth and Sixth Amendment to the United States Constitution (and the corresponding sections of the Iowa Constitution and Code), as well as under certain statutory provisions. The violated rights are found under the Fourth Amendment to the United States Constitution, as well as under Article 1, Section 8 of the Iowa Constitution. Generally, a motion to suppress challenges violations arising from an illegal search and seizure.
Motion to SuppressĪ motion to suppress is filed with the court when the Defendant’s rights were violated during the police investigation. It is used for discovery purposes and is sometimes used in court. The testimony is recorded by a court-reporter. Notice of DepositionĪ deposition is the taking of sworn testimony by oral examination in an out-of-court setting. The Defense must make a request for discovery to view or obtain the evidence that the State intends to present at trial. Obtaining evidence from the opposing party is called the discovery process. The Defendant has a right to view the State’s evidence. The Defendant is required to notify the State of any evidence that he or she plans to present in order to establish a defense. However, no defense or objection can be raised on the ground that the indictment or information fails to show jurisdiction in the court or to raise any defenses or objections that can be raised another way, like through another pretrial motion. Certain defenses and objections can exist based on the indictment or the information and this motion is used to raise them. There are also rules and procedures that the State must follow when charging somebody by indictment or information. Defenses and Objections Based on Defects in the Indictment or Information
This motion is filed when there was a problem with how the State handled instituting the prosecution. There are certain rules and procedure the State must follow when instituting prosecution. Objections Based on Defects in the Institution of the Prosecution This must be filed within 10 days of the earlier of the date of the arraignment, or the date the written arraignment is filed, but the time period can be extended for good cause. A Motion for a Bill of Particulars is thus a request to the Court to require the State to supply more information about the charged crime. This motion is made when an indictment or information charges a Defendant with an offense, but does not specify the particulars of the charged offense to allow the Defendant to prepare an adequate defense. Information about these motions can be found in Iowa Rule of Criminal Procedure 2.11. These motions are all subject to certain timing constraints. There are certain motions that the Defense may file before trial.
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