Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute
Definition and meaning
A Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute is a legal document filed by a defendant in a criminal case. It requests the court to nullify or invalidate the indictment due to delays in prosecution. This motion underscores the defendant's right to a speedy trial as guaranteed by law.
How to complete a form
To complete the motion, follow these steps:
- Gather necessary personal information, including the names of involved parties and the court details.
- Fill out the date the indictment was returned and the date of the defendant's arrest.
- Indicate readiness for trial by stating the defendant's attempt to proceed with the case.
- Specify the prosecuting entity's failure to bring the case to trial.
- Sign the document, ensuring to include the attorney's name and state bar number.
Key components of the form
Essential components of the motion include:
- Defendant's Information: Full name and details of the defendant.
- Date of Indictment: When the indictment was officially returned.
- Details of Arrest: Dates of arrest and bail.
- Statement of Readiness: Indicating the defendant's availability for trial.
- Prosecutor’s Inaction: Statement outlining the failure to proceed with the trial.
Who should use this form
This form is suitable for defendants in a criminal case who believe they have been subjected to undue delays in their prosecution. It is especially relevant for those who have been ready for trial yet have not been brought to court as expected, thus necessitating a formal request to dismiss the charges due to prosecutorial inaction.
Common mistakes to avoid when using this form
When preparing a motion, watch for these common errors:
- Inaccurate Dates: Ensure all dates related to the indictment and arrest are correct.
- Missing Signatures: Both the defendant and attorney must sign the document.
- Failure to Serve: Remember to serve the motion to all required parties.
- Omitting Information: Include all necessary details to support the motion.
Form popularity
FAQ
The motion to quash shall be in writing, signed by the accused or his counsel and shall distinctly specify its factual and legal grounds. The court shall consider no ground other than those stated in the motion, except lack of jurisdiction over the offense charged.
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid.In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. It can arise out of mistakes made by any lawyer or court officer.
At most preliminary hearings, the prosecution, judge, defendant and defense attorney will gather in the courtroom to consider the charges and evidence. The two sides will present arguments so that the judge can determine if the case should go to trial. This is done without the presence of a jury.
By Federal law, once an indictment is filed and the defendant is aware of it, the case must proceed to trial within 70 days.
Definition. To set aside; to void. As in "to quash a motion" or "quash evidence."
To overthrow; to annul; to make void or declare invalid; e.g., "quash a subpoena."In criminal cases, if an indictment is defective to such a degree that no judgment could be made if the defendant were to be convicted, the court typically will quash the indictment.
X FILED A MOTION TO QUASH ON THE FOLLOWING GROUNDS: THAT THE COURT LACKED JURISDICTION OVER THE PERSON OF THE ACCUSED AND THAT THE COMPLAINT CHARGED MORE THAN ONE OFFENSE. CAN THE COURT GRANT THE MOTION ON THE GROUND OF LACK OF JURISDICTION? on this ground.
After the motion to quash is filed, the court will review the case and make its determination. For example, if the judge grants a motion to quash service, then the service on the defendant would be considered void. A motion to quash that is approved would also invalidate any applicable decisions from a lower court.