Thursday, January 26, 2012
Name for a legal motion to change the charges?
A dendant has been charged with a crime and the lawyer wishes to argue that the charges be lowered to a different charge based on the facts in the case. What would you call such a motion?Name for a legal motion to change the charges?The motion would be a motion to dismiss the complaint as filed. If the prosecutor chooses to amend the complaint to something else that's up to him/her. Defense lawyer will never seek another charge against his client.Name for a legal motion to change the charges?You would probably call it what it is - a motion to reduce the charges. Ideally, the attorney would file a motion to dismiss them entirely, and the judge would simply perform the reduction.
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