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

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Multi-State
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US-02613BG
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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.

Indiana Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute refers to a legal instrument used in the state of Indiana to challenge an indictment against an individual accused of a crime. This motion is filed when the prosecution fails to pursue the case within a reasonable period of time or demonstrates an inability to move forward with the prosecution. Keywords: Indiana, Motion to Quash, Motion to Dismiss, Motion to Set Aside, Indictment, Failure to Prosecute. There are primarily two types of motions that can be filed in Indiana to challenge an indictment for failure to prosecute. These are: 1. Motion to Quash: A Motion to Quash requests the court to declare the indictment null and void due to the prosecution's failure to move forward with the case. This motion argues that the defendant's constitutional rights, such as the right to a speedy trial, have been violated due to the delay caused by the prosecution's inaction. 2. Motion to Dismiss or Set Aside: A Motion to Dismiss or Set Aside argues that the indictment should be dismissed entirely or set aside as the prosecution has failed to actively pursue the case. By filing this motion, the defendant seeks to terminate the criminal charges against them. The motion asserts that the lack of progress in the case has unfairly prejudiced the defendant's ability to present a proper defense. However, it is important to note that the specific terminology and procedures may vary depending on the court and jurisdiction within Indiana. Consulting with an experienced criminal defense attorney is crucial to ensure the correct filing of these motions and protect the defendant's interests. In conclusion, an Indiana Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute is a legal tool utilized when the prosecution fails to diligently pursue a criminal case, leading to possible violations of the defendant's constitutional rights. These motions aim to challenge the validity of the indictment and protect the interests of the accused individual.

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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.

A ?motion to quash? is a request to the court to end enforcement of a court order or declare the order invalid. Sometimes parties desire to quash an injunction, subpoena, guilty plea, garnishment, or order for mandatory income withholding that has been filed against the person.

Before filing the motion, you must do two things: (1) serve written objections to the deposition notice; and (2) meet and confer with opposing counsel before filing the motion. If you file a motion to quash, the deposition is automatically stayed pending the court's ruling. (§ 2025.410(c).)

(b) A target who is subpoenaed may move to quash a subpoena based upon his privilege against self-incrimination. The court shall grant the motion, unless the prosecuting attorney makes a written request that the target be granted use immunity in ance with section 8 of this chapter.

After the plaintiff or party with the burden of proof upon an issue, in an action tried by the court without a jury, has completed the presentation of his evidence thereon, the opposing party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that ...

(E) Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been take in a civil case for a period of sixty (60) days, the court, on motion of a party or its own motion shall order a hearing for the purpose of dismissing such case.

A. : a collection of papers or records arranged in order. b. : a collection of data considered as a unit (as for a computer) file.

A motion to suppress evidence generally involves an allegation that the state or its agents - the police - violated a person's constitutional rights in some way in order to gather evidence against the person. Some of the most common situations involve illegal searches and involuntary confessions.

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A motion for withdrawal of representation shall be granted by the court unless the court specifically finds that withdrawal is not reasonable or consistent ... Dec 10, 2020 — 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.Feb 25, 2022 — Unless excused by the district judge, the failure to file a timely motion to ... a motion must be made on personal knowledge, set out facts that ... For good cause shown and within a reasonable time the court may set aside a dismissal without prejudice. A dismissal with prejudice may be set aside by the ... — A motion to quash the indictment and affidavit tests the legal sufficiency and the regularity of the filing of the charge against a defendant, performing the ... Feb 3, 2022 — This motion can be made: (i) at the close of the state's evidence; (ii) at the close of all the evidence; (iii) after a guilty verdict has been ... by ROF PERSONS — the appellate court set aside the defendant's conviction on the basis that the prosecution had failed to rebut defendant's proof of insan- ity. In directing ... Oct 2, 2023 — This information was dismissed based upon defendant's double jeopardy motion. The Supreme Court held that the guilty plea was a nullity and that ... In other words, a plea in abatement may be filed under this section after a motion to quash has been overruled and the indictment or affidavit has been read to ... Texas law guarantees an accused the right to have an indictment present fair notice of the charges against him. Article I, Section 10, of the Texas Constitution ...

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