What Is a Halftime Motion in a new Legal Case

Lets say that will you legally represent a customer in some sort of violent subject. You as the attorney do a good lot of work with the case. You completely research it. You interview the many witnesses. Anyone come up with a new game plan with you client. And lastly you test to negotiate with the Prosecutor to get the demand ignored or at the very least reduced into a lesser charge.
The Prosecutor says no to this particular, as well as case gets arranged with regard to trial. Specifically a good jury trial. Well anyone that knows a jury trial in the criminal case knows the Prosecutor features to prove further than a realistic doubt in order to convict the defendant. As well as court must with one voice concur with their particular consensus in order to help find this defendant responsible.
Yet exactly what many folks might not find out is definitely there is another method to get a violent charge dismissed during the tribunal trial. And of which is by making a new “halftime motion” to the Judge. So what is some sort of halftime motion.
A good halftime motions is specifically how it sounds. It can be a motion to disregard of the safeguard after this Criminal prosecution has rested their own case in chief. Despite the fact that it is not as simple as it sounds, together with it cant be produced in every case. To be able to be successful and own the motion given, the particular security attorney should create it in certain situations. In essence when a legal case offers several elements to the charge. Meaning that the Prosecutor must prove several different points so that you can convict the defendant involving a single count.
When the Prosecution has not confirmed among the aspects. Then the defense law firm can produce a motion to disregard and claim if the particular facts is viewed inside the brightness most favorable to the Prosecution some sort of prima facie case have not been established and therefore one of the elements have not really been fulfilled and the charge or situation have to be dismissed.
In best cases this kind of motion would certainly not be applicable. The best cases to produce this particular motion on can be instances that involve a certain element. For example in a good unlawful trespass case. Helps say the opponent was throughout an location that seemed to be closed to the public. But if the Prosecutor has definitely not proven or even established they were aware connected with this, then they cannot meet one of typically the aspects associated with criminal trespass.
Abuse
Due to the lengthy shot of actually prevailing with this type of motions. Not every case can be applicable. But in selected instances and certain situations it is a motion that can certainly be made to a new Judge that can direct result in the bill becoming dismissed outright without ever getting to a jury.