There are standard motions filed in criminal cases that are important to protect the Constitutional rights of the accused. The failure to file these motions could waive the Defendant's rights and prevent issues and defenses from being raised at trial.

Attorneys file a Request for Discovery and Motion to Produce Documents in every single case. This requires the State's Attorney to turn over exculpatory evidence as well as documents and the identity of witnesses that that will be used at trial. They will have to turn over bodycam video of all police officers. They will be asked to idenitify any alleged confidential informants.

In addition, a demand for speedy trial is filed in each case. A defendant has a Constitutional right to a speedy trial, but it must be filed in writing. If there are many delays, this can be used as a basis to possibly get the case dismissed. In Circuit Court, a defendant is supposed to be tried within 180 days of the date the attorney enters his or her appearance or the Defendant's first court appearance. This can be waived upon a finding of good cause.

A Motion to Suppress is also filed in each case. This may be used to keep out certain evidence. An example would be if there was an illegal search and seizure. Any evidence derived from an illegal search and seizure may be suppressed as "fruit of the poisonous tree." An attorney can also file a motion to sever the case from other co-Defendants' cases or a motion to consolidate the charge with other matters.

In a drug or alcohol case, attorneys file a demand for the presence of the chemist, analyst, or breath technician and anyone in the chain of custody. Absent the filing of such a pleading, the State may be able to get into evidence a drug or alcohol test result without calling a witness at trial. The filing of the demand means that the State will not be able to get the results in without live testimony and may even have to call any witnesses that had possession of the substance.

All of these motions in criminal cases are important to protecting the accused's Constitutional rights and defenses. They must be filed timely and in writing.