Motion To Dismiss Louisiana Within 30 Days
Description
How to fill out Louisiana Motion And Order To Dismiss By Defendant?
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FAQ
A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. It is a pretrial motion, heard by a judge. There is no jury involved. When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial.
(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.
Under Article 701, suspects are released from jail or from court supervised bail obligations because it took too long for the District Attorney's Office (DA's Office) to decide whether to accept or refuse their arrest charges (see Article 701 explanation).
(2)(a) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.
(1) A party may move for a summary judgment for all or part of the relief for which he has prayed. A plaintiff's motion may be filed at any time after the answer has been filed. A defendant's motion may be filed at any time.
