Georgia Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

State:
Multi-State
Control #:
US-02613BG
Format:
Word; 
Rich Text
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Description

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.

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FAQ

The Latin word ?nolle? is roughly translated as ?will no longer? and prosequi is Latin for ?prosecute.? What Does Nolle Prossed Mean? So, this Latin phrase is lawyer talk for ?case dismissed.? No meaningful difference exists between the nolle prosequi meaning and ?dismissed? in our courts' criminal statutes.

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.

A Latin phrase meaning ?to be unwilling to prosecute.? A nolle prosequi is a prosecutor's formal entry on the record indicating that he or she will no longer prosecute a pending criminal charge against the defendant. A nolle prosequi acts as a dismissal of the charges, usually without prejudice.

Under Georgia law, a person arrested and charged may get their case dropped by asserting immunity defense or self-defense based on getting involved to protect others. Either defense will be available to you if you can prove that you were not the aggressor in the case.

In the state of Georgia there is no criminal motion to dismiss a case. The prosecutor over your case has to determine whether there is probable cause to prosecute you for a crime. If you wait and hire an attorney when you receive your notice for arraignment you have potentially waited to long.

Nolle prosequi (?null prosse?) is similar to a dismissal, however it allows a charge to be brought back or reinitiated at a later date.

The State of Georgia gives either of the spouses in a divorce up to three years to start the process of having their divorce judgment set aside. The process does not need to be completed within three years of the date the decree was finalized, but the process must be started within that time frame.

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Georgia Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute