Motion practice is one of the most pivotal aspects of any case. Specifically, it provides an opportunity, absent a jury, for either the moving party or opposing counsel to appeal to a judge on the basis that the case should be modified or dismissed because of a legal prerequisite. Attorney Bonavita has written hundreds of motions in her career in both a criminal and civil realm. She understands that in order to properly advocate for your client, you must stay current with the prevailing case law. It is important, under any analysis, to be able to align your cases with supporting precedent and distinguish it from those that work against your argument.
Criminal Defense Attorney Kristen Bonavita has briefed and argued the following motions on numerous occasions:
Motions to Suppress Identification
Motion to Suppress Evidence
Motion to Suppress Statements
Motion for Speedy Trial
Motions to Exclude / Motions in Limine
Motion to Dismiss
Motion for Summary Judgment
The above listed motions present themselves in many forms. Identification could be suppression of a show-up identification, admissibility of a line-up, identification through a single photograph, or another impermissibly suggestive procedure. Evidentiary suppression may focus on an illegal stop, search (pursuant to a warrant or otherwise), consent, or other violation under the Fourth Amendment or Article 14 of the Massachusetts Declaration of Rights. For statements to be admissible, the Commonwealth must show that Miranda rights were issued and that person made a knowing and intentional waiver of those rights. Often the motion issue will focus on whether or not the individual should be considered in custody at the time of the statement or whether he/she was subjected to interrogation as defined under the law.
Attorney Kristen Bonavita has written numerous motions in a civil realm. She has handled issues concerning divorce, child custody, grandparent visitation, guardianships and numerous other domestic issues. She has argued for dismissal due to a failure to state a claim upon which relief can be granted (also known as a Motion 12(b)(6)) and summary judgment for a lack of evidence supporting the requested relief.
If you are an individual who needs knowledgeable representation from an experienced litigator with years of motion experience, contact Criminal Defense Attorney Kristen F. Bonavita at 978-376-6746.