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

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Multi-State
Control #:
US-02613BG
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Word; 
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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

A Motion to Dismiss asks the judge to dismiss the plaintiff's case. The plaintiff's case is within the complaint, which is considered a pleading. A pleading is a formal document that starts or defends a lawsuit. The defendant's answer is also considered a pleading.

A motion to quash is most commonly filed at the beginning of a trial, or an appeal as a pretrial motion. It may be considered as somewhat similar to a motion to dismiss. However, a motion to quash asks the court to nullify a previous court ruling, whereas a motion to dismiss requests the same of a current filing.

LAW. to state officially that something, especially an earlier official decision, is no longer to be accepted: quash a conviction/decision/order His conviction was quashed in March after a lengthy legal battle.

This is typically done by filing a written motion with the court clerk's office, which will give the person a new court date. Then on that court date, an oral motion to quash or recall can be made to the judge. The judge will quash or recall the warrant because the person has now complied with the order to appear.

An indictment formally charges a person with a crime. During an indictment proceeding, a grand jury determines if there is adequate basis for bringing criminal charges against a suspected criminal actor.

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.

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.

To put down or suppress completely; quell; subdue: to quash a rebellion. to make void, annul, or set aside (a law, indictment, decision, etc.).

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