Louisiana Motion to Quash
About this form
The Motion to Quash is a legal document used by a defendant to request that a court void a bill of information related to a criminal charge, particularly when the defendant did not consent to previous guilty pleas, as required by Louisiana law. This form is crucial in challenging procedural errors in criminal cases and is specifically designed for situations where a defendant seeks to dispute charges based on improper acceptance of previous pleas.
Form components explained
- Case details, including judicial district and involved parties.
- Statement of the defendant's previous convictions and related judges.
- Reasons for the motion, focusing on the lack of consent to guilty pleas.
- A prayer for the court to quash the bill of information.
- An attached order for the State to show cause.
Jurisdiction-specific notes
This form is specifically tailored for use in Louisiana, adhering to local statutes such as La. R.S. 13:716(E), which outlines the requirements for the acceptance of guilty pleas.
When to use this form
This form is typically used when a defendant faces charges as a third offender based on previous guilty pleas. If a defendant believes those pleas were accepted inappropriately or without proper consent, this motion serves as a formal request to the court to dismiss the charges. It is relevant in cases where defendants want to ensure that their rights have been upheld during the plea process.
Intended users of this form
- Defendants who want to challenge the legality of their previous guilty pleas.
- Individuals facing third offenses in criminal court.
- Persons seeking legal recourse for perceived errors in the acceptance of pleas.
How to prepare this document
- Identify the parties involved, including the defendant's name and the district court details.
- Fill in the specific charges against the defendant for clarity.
- Provide information regarding previous convictions and the judges who accepted the pleas.
- Clearly state the reasons for requesting the motion to quash, emphasizing lack of consent.
- Sign and date the motion, ensuring all relevant parties are noted.
Notarization requirements for this form
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
Avoid these common issues
- Failing to properly identify all parties and the correct court.
- Not including sufficient detail about previous pleas and convictions.
- Neglecting to follow formatting requirements specific to Louisiana law.
- Omitting a signature or date, which can invalidate the motion.
Why use this form online
- Convenience of immediate access to legal forms without in-person visits.
- Editability allows for tailored content specific to the case.
- Reliability of forms drafted by licensed attorneys to ensure legal compliance.
Summary of main points
- The Motion to Quash is crucial for contesting charges related to earlier guilty pleas without consent.
- The form is specific to Louisiana law and procedures.
- Complete all sections accurately to avoid delays in court proceedings.
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FAQ
In order to file a motion to quash, you will need to draft the motion and file it in the case/court that appears on the document you were served with. Once filed, the motion to quash will stay the subpoena, until a judge makes a ruling on the motion or the subpoenaed party and the issuing party reach an agreement.
A lawyer may file a motion to quash if a mistake has been made on the part of a court, or if an attorney believes that the issuance of some court document like a subpoena was not done in a legal manner. For example, a party that receives improper service of process may file a motion to quash.
The motion to quash shall be in writing, signed by the accused or his counsel and shall distinctly specify its factual and legal grounds. The court shall consider no ground other than those stated in the motion, except lack of jurisdiction over the offense charged.
(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.
After the motion to quash is filed, the court will review the case and make its determination. For example, if the judge grants a motion to quash service, then the service on the defendant would be considered void. A motion to quash that is approved would also invalidate any applicable decisions from a lower court.
