Pretrial motions are one of the most important parts of a criminal case. They present an opportunity for the defense to discover and test the strength and admissibility of the State's evidence against a defendant. Among the various motions that can be filed some of the more common include the following:
Notice Of Defendant's Election To Proceed Under O.C.G.A. 17-16-1 Et Seq. and Demand For Discovery; Motion For Discovery, Inspection, Production and Copying Of Evidence Favorable To The Accused Pursuant To Brady v. Maryland; Motion for In Camera Inspection Of State Files; Motion For Pretrial Disclosure Of Evidence Of Independent and Separate Offenses, Wrongs Or Acts; Motion To Require The State To Reveal Any Agreement Entered Into Between The State And Any Witness; Motion To Preserve The Evidence; Motion To Suppress Illegally Obtained Evidence; Motion to Suppress Pretrial Identification; Motion to Suppress Defendant's Statement; Motion for Severance Of Offenses; Motion to Transfer Case to Juvenile Court; Motion for Funds to Obtain An Expert Witness; Motion for Severance Of Defendants; Demurrer to the Indictment; Motion for Complete Recordation of All Proceedings; Motion Reserving the Right to file Additional Motions; and Motion to Adopt Motions Of Co-Defendants.
There is no motion to have the charges reduced. The prosecutor has brought the charges, and only the prosecution can decide to reduce the charges. The process of asking for the charges to be reduced happens during plea negotiations.
Time for Filing
All pretrial motions, including demurrers (challenges to the form or substance of the indictment) and special pleas, shall be filed within ten days after the date of arraignment, unless the time for filing is extended by the judge. O.C.G.A. § 17-7-110. Taylor v, State,326 Ga. App. 27 (2014). The defense may need to review the discovery before deciding which motions to file. In that case, a motion can be made asking for additional time after receipt of discovery to file motions. If the judge does not grant an extension, any untimely motions may not be heard and the defendant will not have any remedy on appeal. Flournoy v. State, 299 Ga. App. 377 (2009). There does not need to be a written order granting the extension. State v. Mojica, 316 Ga. App. 619 (2012). The defense can also file general motions and then particularize them (make those motions more specific) once discovery is received. If no timely demurrer is filed, the defendant must pursue a motion in arrest of judgment Jackson v. State, 284 Ga. App. 619 (2007).
Notices of the States intention to present evidence of similar transactions or occurrences (404b evidence) and notices of the intention of the defense to raise the issue of insanity or mental illness, or the intention of the defense to introduce evidence of specific acts of violence by the victim against third persons, shall be given and filed at least ten days before trial unless the time is shortened or lengthened by the judge. Uniform Superior Court Rule 31.1.