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.
Illinois Motion to Quash Indictment
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FAQ
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. Examples of the usage of quash include "to quash a motion" or "quash evidence."
A Motion to Dismiss requests that the judge ends the case. A Motion to Quash, on the other hand, asks the judge to declare something, such as a warrant, invalid. The latter motion does not dispose of the case.
?Quash? means to nullify, void or declare invalid. The two most common types of warrants are search warrants and arrest warrants. If a search warrant is quashed evidence can be suppressed or thrown out of court.
Filing a Motion to Quash and Suppress The basis for this motion is a query to the court to determine if there were sufficient facts and circumstantial evidence that a reasonable and prudent person would have believed that there was a crime that had been committed.
A. : a collection of papers or records arranged in order. b. : a collection of data considered as a unit (as for a computer) file.
Although rarely granted, a defendant has the right to file the motion and make an argument for dismissal under certain conditions. In Illinois the Code of Criminal Procedure, under 725 ILCS 5/114-1, grants authority to file a Motion to dismiss charge.
Filing a Motion to Quash and Suppress If the judge reviews the motion and determines that there was insufficient probable cause, then any evidence of the improper arrest is excluded from any ongoing legal action. Any evidence that was collected or seized as a result of the illegal arrest also is excluded from the case.
The Motion to Quash must tell the judge three things: That the defendant was never served with a summons; No one who lives with the defendant and who is 13 or older was served with a summons; and. That the defendant never appeared in the lawsuit.
