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 defense lawyers must 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 of 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 those unconstitutional actions should be excluded as evidence. Oftentimes, suppression motions are dispositive, meaning that 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 of the prosecution’s 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 obtained without a judicial order. Typical 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 the state’s evidence through scientific tests, which the prosecution disingenuously claims will damage the evidence.
In terms of evidence favorable to the defendant, prosecutors have an ongoing duty throughout the pretrial process to produce this evidence without the defendant’s request. If 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:
- 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 impanel jurors from another county.
- 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.
- 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.
- 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:
- 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.
- Motion to quash a bench warrant – Judges typically issue a bench warrant when a defendant fails to appear for a mandatory court date, prompting the defense attorney to request the judge’s recall of 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:
- Motion for mental examination of the defendant – The defense attorney may ask for this to show the defendant is not competent to stand trial.
- Motion for psychiatric examination of the defendant – This is necessary for the defendant to plead insanity.
- Motion for psychiatric examination of prosecution witnesses – The defense attorney may request this to prevent the testimony of potentially damaging state witnesses who may lack the legal capacity to testify.
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.
Frequently Asked Questions
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. Although attorneys sometimes make oral motions in court without written filings.
When a motion is oral, Colorado judges tend to hold an impromptu hearing on the matter and issue a ruling right afterward. 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. The judge’s decision on the motions significantly influences how 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.
Do I have to attend a motions hearing in Colorado?
Usually, you should plan to attend any court hearing unless your attorney or the court tells you that your appearance is not required. Whether a defendant must personally appear at a motions hearing can depend on the type of case, the issues being heard, and the judge’s orders.
If you have a lawyer, ask them before the hearing whether you need to be present. Missing a required court appearance can have serious consequences, potentially including the issuance of a bench warrant.
What happens at a motions hearing in a Colorado criminal case?
At a motions hearing, the judge considers one or more requests made by the prosecution or defense. The attorneys may present legal arguments, question witnesses, introduce evidence, and respond to questions from the judge.
For example, at a hearing on a motion to suppress evidence, police officers may testify about how they conducted a traffic stop, search, arrest, or interrogation. The defense can cross-examine those officers and argue that evidence obtained unlawfully should not be used at trial.
After hearing the evidence and arguments, the judge may rule immediately or issue a decision later.
Can criminal charges be dismissed at a motions hearing?
Yes, although dismissal is not the outcome of most motions hearings. A judge may dismiss a charge when there is a legally sufficient basis to do so.
A successful motion can also weaken the prosecution’s case without directly dismissing it. For instance, if the judge suppresses important evidence, the prosecutor may later decide that there is not enough admissible evidence to proceed and dismiss or reduce the charges.
Can a motions hearing affect my plea bargain?
Yes. The outcome of a motions hearing can substantially change the strength of the prosecution’s case and therefore affect plea negotiations.
For example, excluding an incriminating statement, drugs, a weapon, or other important evidence may give the defense greater leverage to seek reduced charges or a more favorable resolution. Conversely, if the prosecution defeats an important defense motion, it may become less willing to make concessions.
Will I have to testify at my motions hearing?
Not necessarily. Many motions hearings involve testimony from police officers, investigators, expert witnesses, or other witnesses rather than the defendant.
Whether it makes sense for a defendant to testify depends on the particular motion and the facts of the case. Your criminal defense attorney can advise you about the advantages and risks of taking the stand.
How long does a motions hearing take?
There is no standard length. A relatively simple motion may take only a short time, while a complicated suppression hearing involving multiple witnesses, exhibits, or legal issues can take several hours or longer.
The amount of time needed depends largely on the issues the judge must decide and the evidence necessary to resolve them.
What happens if the defense wins a motion to suppress?
When a judge grants a motion to suppress, the affected evidence generally cannot be used by the prosecution in the manner covered by the court’s ruling. The impact depends on how important that evidence is.
Losing a relatively minor piece of evidence may have little effect on the prosecution. Suppression of crucial evidence, however, can significantly weaken the case and may lead to reduced charges, a more favorable plea offer, or dismissal.
What happens if I lose a motions hearing?
Losing a pretrial motion does not automatically mean you will be convicted. The criminal case generally continues, and the defense may still negotiate a plea agreement, pursue other legal issues, or take the case to trial.
The significance of an unfavorable ruling depends on the particular motion and how important the disputed evidence or legal issue is to the prosecution’s case.
Is a motions hearing the same as a trial?
No. A motions hearing generally involves legal or evidentiary issues that the judge must resolve, while a criminal trial determines whether the prosecution has proven the defendant guilty beyond a reasonable doubt.
There is typically no jury deciding guilt or innocence at a motions hearing. However, witnesses may testify, and attorneys may introduce evidence much as they would during a trial.
Can the judge decide a motion without holding a hearing?
Yes. Not every motion requires an evidentiary hearing. Depending on the motion and the circumstances, a judge may be able to decide the issue based on the written filings and legal arguments submitted by the parties.
When disputed facts need to be resolved, however, the court may hold a hearing so witnesses can testify and the attorneys can present evidence.
What should I wear to a motions hearing?
A defendant should generally dress neatly and conservatively for court. Business or business-casual clothing is usually appropriate. Avoid clothing with offensive language or graphics, overly casual attire, and anything that could distract from the proceedings.
Your appearance does not determine the outcome of the motion, but treating a court appearance seriously can help make an appropriate impression.
What happens after a motions hearing?
The judge may announce a ruling at the hearing or take the matter under advisement and issue a ruling later. Once the motions have been resolved, the criminal case typically moves toward another scheduled proceeding, plea negotiations, or trial.
A significant ruling can also change the course of the case. For example, suppression of key prosecution evidence may lead to renewed plea negotiations or, in some circumstances, dismissal of the charges.
Legal Resources
For more information, refer to the following:
- How Criminal Cases Work – Explanation by the Denver, Colorado District Attorney.
- Criminal Court Self-Help Forms – Provided by the Colorado Judicial Branch.
- Colorado Rules of Criminal Procedure – Rules that apply to all criminal cases in Colorado.
- Colorado Criminal Code: Title 18 of the C.R.S. – The principal body of laws defining and governing federal criminal offenses for Colorado.
- Steps in the Federal Criminal Process – Overview by the Offices of the United States Attorneys.
- U.S. Constitution – The supreme law of the United States, establishing the federal government’s structure, powers, and limits while protecting individual rights.
- Colorado Constitution – The supreme law of Colorado, establishing the state government’s structure, powers, and limits while protecting individual rights.