The sixth amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. Supreme Court's interpretation of the due process and equal protection Clauses of the fourteenth amendment.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
A motion to quash, dismiss, or set aside an indictment for failure to prosecute in Arkansas is a legal procedure that aims to challenge the validity of an indictment when the prosecution fails to diligently pursue the case. This motion can be filed by the defendant or their attorney in order to request the dismissal of the indictment or to set it aside due to the prosecution's lack of action. When the prosecution fails to prosecute a case in a timely manner, it may violate the defendant's constitutional rights, such as the right to a speedy trial. In such situations, the defendant can file a motion to quash, dismiss, or set aside the indictment, in order to seek relief from the charges. Arkansas recognizes different types of motions to quash, dismiss, or set aside an indictment for failure to prosecute, including: 1. Motion to quash: This type of motion challenges the validity of the indictment itself, asserting that it is legally insufficient, defective, or lacks essential elements. It argues that the prosecution has failed to present enough evidence to support the charges, and thus, the indictment should be quashed, rendering the case invalid. 2. Motion to dismiss: A motion to dismiss contends that the indictment should be dismissed because the prosecution has not made sufficient progress in pursuing the case. It argues that the unreasonable delay harms the defendant's ability to mount a proper defense, causing prejudice and violating the defendant's constitutional rights. 3. Motion to set aside: This motion requests the court to set aside the indictment due to the prosecution's failure to diligently pursue the case. It asserts that the lack of progress in prosecuting the charges has caused the defendant undue hardship, and therefore, the indictment should be declared null and void. In order to successfully file a motion to quash, dismiss, or set aside an indictment for failure to prosecute, it is crucial to provide compelling arguments supported by legal precedents and evidence indicating the prosecution's lack of action or the resulting prejudice to the defendant. It is advisable to consult with an experienced Arkansas criminal defense attorney who can guide the defendant throughout the process and help build a strong case for the motion.
