Common Criminal Defense Motions in California

At The Bogan Law Firm, we aggressively and strategically file a wide range of pretrial and trial motions to protect our clients’ rights. Whether you’re facing a felony or misdemeanor, these legal tools can be critical to getting evidence excluded, charges dismissed, or sentences reduced. Below is a comprehensive guide to the most commonly filed criminal defense motions in California courts.

1. Bail Motion: Motion to Reduce Bail: Seeks to lower bail based on the defendant’s financial condition, public safety, and flight risk. Citation: Cal. Penal Code § 1275; In re Humphrey (2021) 11 Cal.5th 135.
2. Brady Motion: Motion to Compel Disclosure of Exculpatory Evidence: Requests disclosure of evidence favorable to the defense.Citations: Brady v. Maryland (1963) 373 U.S. 83; Cal. Penal Code § 1054.1; Izazaga v. Superior Court (1991) 54 Cal.3d 356.
3. Confidential Informant: Motion to Disclose Identity or Records: Seeks information about a confidential informant. Citation: Theodor v. Superior Court (1972) 8 Cal.3d 77.
4. Continuance: Motion to Continue Hearing: Requests more time before a hearing or trial due to good cause (e.g., witness issues, case preparation). Citation: Cal. Penal Code § 1050.
5. Disqualification: Motion to Disqualify Judge: Filed when the defendant believes the judge is biased or has a conflict of interest. Citation: Cal. Code Civ. Proc. § 170.1.
6. Diversion: Motion for Judicial Diversion (Misdemeanor Only): Requests court-approved diversion in misdemeanor cases, leading to dismissal upon successful completion. Not available for certain crimes. Citation: Cal. Penal Code § 1001.95.
7. Diversion: Motion for Mental Health Diversion (PC 1001.36): Asks the court to place an eligible defendant into a mental health treatment program instead of prosecution. If the defendant completes treatment successfully, the charges are dismissed. Not available for certain offenses. Citation: Cal. Penal Code § 1001.36.
8. Diversion: Motion for Military Diversion (PC 1001.80): Asks the court to place a criminal case into diversion for current or former military service members suffering from service-related conditions, including PTSD, TBI, substance abuse, mental health disorders, and military sexual trauma (MST). Upon successful completion of treatment and court-ordered conditions, the charges are dismissed. Expanded to include most felonies under SB 1025 (2025). Citation: Cal. Penal Code § 1001.80.
9. Dismissal: Motion to Dismiss Based on General Charging Statute Filed when a more specific statute should apply over a general charge. Citations: People v. Swann (1963) 213 Cal.App.2d 447; People v. Gilbert (1969) 1 Cal.3d 475.
10. Dismissal: Motion to Dismiss in the Interest of Justice: Asks the court or DA to dismiss charges when continued prosecution would be unjust. Citation: Cal. Penal Code § 1385.
11. Dismissal: Motion to Dismiss for Speedy Trial Violation (Serna): Dismisses charges after unreasonable delay between filing and arraignment. Citation: Serna v. Superior Court (1985) 40 Cal.3d 239.
12. Dismissal: Motion to Dismiss Lost or Destroyed Evidence (Trombetta): Filed when exculpatory evidence was destroyed by the prosecution in bad faith. Citations: California v. Trombetta (1984) 467 U.S. 479; Arizona v. Youngblood (1988) 488 U.S. 51.
13. Dismissal: Motion to Dismiss Misdemeanor (PC 991): Filed at arraignment if the defendant is in custody and the misdemeanor lacks probable cause. Citation: Cal. Penal Code § 991.
14. Dismissal: Technically a Motion to Set Aside Information or Indictment (PC 995): Asks the court to dismiss felony charges by setting aside either a grand jury indictment or an information filed after a preliminary hearing, based on legal insufficiencies. Citation: Cal. Penal Code § 995.
15. Dismissal: Non-Statutory Motion to Dismiss: Asks the court to dismiss criminal charges based on constitutional, equitable, or due process grounds, rather than a specific statute. This type of motion is often used when there is prosecutorial misconduct, outrageous government conduct, bad faith delay, or other circumstances that render the prosecution fundamentally unfair. Citation: No specific statute; grounded in constitutional principles (e.g., Fourteenth Amendment Due Process Clause). Courts have inherent authority to dismiss cases where prosecution would offend fundamental fairness.
16. Informant: Motion to Exclude Jailhouse Informant Testimony: Filed when statements were obtained in violation of the defendant’s right to counsel. Citations: United States v. Henry (1980) 447 U.S. 264; Massiah v. United States (1964) 377 U.S. 201.
17. Lineup: Motion for Pre-Trial Lineup: Used to challenge eyewitness identification and request a live lineup. Citation: Evans v. Superior Court (1974) 11 Cal.3d 617.
18. Marsden: Motion to Substitute Appointed Counsel: Filed by defendants using a public defender when they claim inadequate representation or a break down in communication. Rarely granted. Citation: People v. Marsden (1970) 2 Cal.3d 118.
19. Messiah: Motion to Suppress Post-Indictment Statements: Seeks to exclude uncounseled statements made after the Sixth Amendment right to counsel has attached. Citation: Massiah v. United States (1964) 377 U.S. 201.
20. Own Recognizance: Motion for Release on Own Recognizance: Asks for release from custody without bail during pretrial proceedings. Citation: Cal. Penal Code § 1270.
21. Pitchess: Motion to Disclose Officer Misconduct: Requests disclosure of an officer’s personnel records to support claims of misconduct. Citation: Pitchess v. Superior Court (1974) 11 Cal.3d 531; Evid. Code §§ 1043–1047.
22. Plea: Motion to Withdraw Plea: Requests withdrawal of a guilty or no contest plea within 180 days after sentencing based on good cause. Citation: Cal. Penal Code § 1018.
23. Reduction of Charges: Motion to Reduce Felony to Misdemeanor: Reduces a “wobbler” felony to a misdemeanor when appropriate. Citation: Cal. Penal Code § 17(b).
24. Romero: Motion to Strike Prior Strike Conviction: Asks the court to dismiss a prior “strike” under the Three Strikes law to reduce sentencing exposure. Citation: People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
25. Severance: Motion to Sever Codefendants or Charges: Filed when joint trial with co-defendants or multiple charges would prejudice the defense. Citation: Cal. Penal Code § 1098.
26. Stanton: Motion to Introduce New Evidence Post-Prelim: Related to PC 995 motions; asks the court to consider evidence unavailable at prelim. Citation: Stanton v. Superior Court (1981) 193 Cal.App.3d 265.
27. Suppress: Motion to Suppress Evidence (Illegal Search/Seizure): Excludes evidence obtained in violation of the Fourth Amendment or from an invalid warrant. Citation: Cal. Penal Code § 1538.5.
28. Venue: Motion to Change Venue: Requests transfer of the trial location due to prejudice or inability to get a fair jury. Authority: Based on due process principles.
29. Warrant: Motion to Quash and Traverse Search Warrant (PC 1538.5): Asks the court to invalidate a search warrant and suppress all evidence obtained under it. The motion to quash argues that the warrant lacked probable cause on its face. The motion to traverse challenges the truthfulness of the affidavit, claiming false statements or omissions were made intentionally or with reckless disregard for the truth. Citations: Cal. Penal Code § 1538.5; Franks v. Delaware (1978) 438 U.S. 154.
30. 977: Motion to Appear via Attorney Only: Allows defense counsel to appear on behalf of the client. Attorney only appearances are generally approved for most misdemeanor. Felonies require court approval and the request to be made in court and signed by the defendant in open court. Citation: Cal. Penal Code § 977.

Looking for help with your criminal case? Contact The Bogan Law Firm to speak directly with a Certified Criminal Law Specialist and learn how we use these motions to protect your rights and fight for your freedom. 209-565-3425