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.
Kentucky Motion to Quash Indictment
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FAQ
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.
