The Kentucky Motion to Quash Indictment is a legal document used in the state of Kentucky to challenge the validity or legality of an indictment issued by a grand jury. By filing this motion, the defendant is asking the court to dismiss or invalidate the indictment based on various grounds. One common ground for filing a motion to quash indictment in Kentucky is to argue that the grand jury selection process was flawed, biased, or unfair. Defendants may claim that the grand jury was not selected from a representative cross-section of the community, or that certain individuals were deliberately excluded based on race, ethnicity, or other protected factors. Another possible ground for filing a motion to quash indictment in Kentucky is to challenge the sufficiency of the evidence presented to the grand jury. Defendants may argue that the prosecution did not produce enough evidence, or that the evidence presented was unreliable, insufficient, or tainted by some other legal flaw. It is important to note that the motion to quash indictment is not meant to challenge the weight or credibility of the evidence, but rather the legal sufficiency of it. Furthermore, a Kentucky motion to quash indictment can be based on procedural errors. Defendants may argue that the grand jury proceedings were conducted improperly, such as the presence of unauthorized individuals, unauthorized procedures, or a failure to adhere to established rules and regulations. Additionally, defendants may file a motion to quash indictment in Kentucky if they believe there has been prosecutorial misconduct. This could include allegations of withholding evidence, presenting false evidence, or any other behavior that violates the defendant's rights or undermines the fairness of the grand jury process. It is worth mentioning that Kentucky recognizes two types of motions to quash indictment: pretrial motions and trial motions. Pretrial motions are typically filed before the trial begins, whereas trial motions are filed during the trial proceedings. The specific grounds for filing the motion may vary depending on the stage at which it is being filed. In summary, a Kentucky Motion to Quash Indictment is a legal request filed by a defendant to challenge the legality, validity, or sufficiency of an indictment. Grounds for filing this motion may include issues related to the grand jury selection process, sufficiency of evidence, procedural errors, or prosecutorial misconduct.
Kentucky Motion to Quash Indictment
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How to fill out Kentucky Motion To Quash Indictment?
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Failure to Indict: If you are charged with a felony in district court and after 6-months you have not been indicted, you may file for expungement. There is no filing fee. File the ?Failure to Indict? Form in the court you were charged.
A: Sixty days applies to in custody only. There is no statute of limitations on a felony in Krntucky so you can be indicted at any time.
Under the rules of Criminal Procedure, the grand jury must indict the defendant within sixty days, or the defendant is discharged from bond and either released from custody, or their money is refunded.
(3) In any event, if a defendant has been held to answer, without being indicted, for longer than 60 days from the finding of probable cause pursuant to RCr 3.14(1), the circuit court shall, upon motion, thereupon make an order discharging such defendant from custody; or, if such defendant is free on bail that has not ...
(3) In any event, if a defendant has been held to answer, without being indicted, for longer than 60 days from the finding of probable cause pursuant to RCr 3.14(1), the circuit court shall, upon motion, thereupon make an order discharging such defendant from custody; or, if such defendant is free on bail that has not ...
A person to whom a subpoena is directed may, prior to the time specified therein for compliance, but no later than five (5) days after the date of receipt of the subpoena, move the registry to quash or modify the subpoena, accompanying the motion with a brief statement of the reasons therefore.
A preliminary hearing will be scheduled within 10 days of your arraignment if you are in custody, or 20 days if you are out on bail. After that hearing, the grand jury has 60 days to issue its indictment if you are in jail. On the 61st day you will be released from custody automatically.