Arkansas Motion to Quash Indictment is a legal procedure that allows a defendant to challenge the validity of an indictment and request the court to dismiss the charges against them. This motion is often filed when there are certain legal deficiencies in the indictment, making it invalid or insufficient to proceed with the case. Keywords: Arkansas, motion to quash indictment, legal procedure, defendant, challenge, validity, dismiss charges, legal deficiencies, insufficient, case. There are different types of Arkansas Motion to Quash Indictment that can be filed based on specific grounds and circumstances. These include: 1. Lack of Jurisdiction: This type of motion is filed when the defendant argues that the court does not have the authority or jurisdiction to hear the case. This may be due to various reasons, such as the alleged crime occurring outside the court's jurisdictional boundaries. 2. Insufficient Evidence: In this type of motion, the defendant asserts that the evidence presented in the indictment is weak or lacks substantial proof of their guilt. It challenges the sufficiency of evidence required to support the charges. 3. Violation of Constitutional Rights: If the defendant believes that their constitutional rights were violated during the investigative or indictment process, they can file a motion to quash on the grounds of constitutional violations. This may include violations of the Fourth Amendment (unlawful search and seizure) or Fifth Amendment (self-incrimination). 4. Statute of Limitations: When the alleged crime falls outside the statutory time limit within which the prosecution must be initiated, the defendant may file a motion to quash based on the expiration of the statute of limitations. 5. Double Jeopardy: If the defendant has previously been acquitted or convicted of the same offense, they can file a motion to quash based on double jeopardy. This motion aims to prevent the defendant from being tried again for the same charges. 6. Grand Jury Irregularities: In situations where the grand jury proceedings were tainted by misconduct, bias, or improper presentation of evidence, the defendant can file a motion to quash indictment based on grand jury irregularities. 7. Lack of Specificity: This type of motion challenges the specificity and clarity of the charges outlined in the indictment. The defendant argues that the charges are too vague or ambiguous, preventing them from adequately preparing a defense. It's important to note that the success of a motion to quash indictment depends on the strength of the arguments presented by the defendant and the discretion of the court in evaluating the merits of the motion. Legal representation is highly recommended when filing such motions to ensure proper application of the law and increase the chances of success.
Arkansas Motion to Quash Indictment
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Failure to file an indictment or information within sixty days shall not be grounds for dismissal of the case against the defendant, but shall, upon motion of the defendant, result in the defendant's release from custody unless the prosecuting attorney establishes good cause for the delay.
If your case has not been tried within a certain time, it should be dismissed for lack of speedy trial. In Arkansas the prosecution has o 12 months to bring you to trial if you are not incarcerated, or o 9 months if you are incarcerated.
Rule 45 - Subpoena (a)Form and Issuance. A subpoena issued by the clerk shall be under seal, state the name of the court and the title of the action, and command each person to whom it is directed to appear and give testimony at the time and place therein specified.
Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for 1 day's attendance and the mileage allowed by law.
The person subpoenaed may ask the court to quash or modify the subpoena if it is unreasonable or oppressive or to require that the person on whose behalf the subpoena is issued pay the reasonable cost of such production. Rule 45(b), Ark.
(d) Subpoena for Trial or Hearing. A witness, regardless of his county of residence, shall be obligated to attend for examination on trial or hearing in a civil action anywhere in this State when properly served with a subpoena at least two (2) days prior to the trial or hearing.
-- Rule 55(c) of the Arkansas Rules of Civil Procedure provides that a default judgment may be set aside for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) the judgment is void; (3) fraud, misrepresentation, or other misconduct of an adverse party; or (4) any other reason ...
Quash means to set aside or to void. In a legal context, quash can be used to describe the process of terminating proceedings or motions or to describe the exclusion of evidence from trial.