The Motion to Continue and Refix, and Order - Pretrial, Plea and Trial is a legal document used in criminal cases. It allows the defense counsel to formally request a postponement of pre-trial, plea day, and trial dates. This motion is important for ensuring that defendants have adequate time to prepare their case. In contrast to other legal motions, this form includes an attached order that grants the request for a continuance, specifying the new dates for the hearings and trial.
This motion is typically used when the defense needs more time to prepare for court proceedings. Common scenarios include if new evidence has emerged, if the attorney requires additional time to consult with the defendant, or if scheduling conflicts arise that prevent attendance on the original dates.
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(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article.
These pleas include: not guilty, guilty, and no contest (nolo contendere). At Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC, we know how to what's on the line for you and how these different pleas can impact your life.
Plea Bargaining: Areas of Negotiation Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.
The state has to bring you to trial with 120 days if you are accused of a felony and 30 days if you are accused of a misdemeanor and are still being held in custody. If you have bonded out, the State has 180 days to bring you to trial on a felony charge and 60 days to bring you to trial on a misdemeanor charge.
The most common types of plea are "guilty" and "not guilty". Pleading guilty typically results in a more lenient punishment for the defendant; it is thus a type of mitigating factor in sentencing.
There are three types of pleas in court: guilty, not guilty, and no contest.
An arraignment in Louisiana is the first court appearance in criminal court in Louisiana. Prior to the arraignment, the prosecutor either filed a bill of information, which is the formal charge, or the grand jury returned a true bill indictinhg the defendant. The arraignment is then set.