Arizona Motion to Quash Indictment

Category:
State:
Multi-State
Control #:
US-00816
Format:
Word; 
Rich Text
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Description

Defendant moves the court to quash the indictment against him/her. Defendant argues that the indictment fails to supply required information, and the indictment is also vague and ambiguous and does not apprise the defendant of the charge against him/her with sufficient specificity to permit adequate preparation of a defense.
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FAQ

Sooner or later, the Arizona warrant will need to be addressed in order to avoid licensing issues in any state. How a warrant is dealt with once it has been issued is by ?quashing? it. Quashing a warrant essentially means reverting the case back to the way it was before the court date was missed.

In Arizona, a grand jury shall consist of at least twelve, but not more than sixteen persons, nine of whom constitute a quorum for all proceedings before it (A.R.S. § 21-404). The selection process is overseen by the presiding judge of the county, who chooses prospective jurors from a pool of eligible citizens.

MENU Steps in the Federal Criminal Process Investigation. Charging. Initial Hearing / Arraignment. Discovery. Plea Bargaining. Preliminary Hearing. Pre-Trial Motions. Trial.

Consent Decree, Judgment, or Order. (a) Generally. If the petitioner and the respondent agree to the terms of a dissolution, annulment, or legal separation, or to the terms of a paternity or maternity action, they may obtain a consent decree, judgment, or order without a court hearing.

If the Grand Jury delivers an indictment, a judge may issue either a summons ordering the defendant to appear in court or an arrest warrant authorizing law enforcement agencies to arrest the defendant.

Your attorney will prepare and file a motion to quash the warrant with the appropriate court. The motion will outline the reasons why the warrant should be quashed and may include supporting documentation and evidence. In some cases, your attorney may request a hearing to present your case before a judge.

Essentially, the grand jury may disclose matters occurring before it only to the attorneys for the government for use in the performance of their duties, but even attorneys for the government may not be informed of what took place during the grand jury's deliberations and voting.

A grand jury indictment doesn't mean someone is guilty of a crime. The defendant still has the right to argue their case at trial. In district court, the prosecution must prove their case beyond a reasonable doubt ? a much higher standard than probable cause, for a guilty verdict.

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Arizona Motion to Quash Indictment