Louisiana Motion To Set Aside Conviction
Description
How to fill out Louisiana Motion For Discovery?
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FAQ
If you are in jail, the District Attorney must file charges within 45 days of your arrest. If you have bonded from jail, the District Attorney must file charges within 90 days of your being arrested in Lousiana.
(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.
*However, regarding crimes of violence, Louisiana courts may order the expungement of a conviction for aggravated battery, second-degree battery, aggravated criminal damage to property, simple robbery, purse snatching, or illegal use of weapons or dangerous instrumentalities, only if they follow the same basic ...
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. When a judge decides a Motion to Dismiss, they are not determining the defendant's guilt or innocence.
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).