Louisiana Motion to Quash
What is this form?
The Motion to Quash is a legal document filed by a defendant to request the court to invalidate a bill of information due to procedural errors, particularly regarding the acceptance of guilty pleas. This form allows defendants to assert that they did not properly consent to their previous guilty pleas, which can impact their charges, particularly when classified as a third offender. Unlike other motions, this form specifically focuses on challenging the legal process of prior guilty pleas rather than the merits of the case itself.
Key components of this form
- Title indicating the case and court jurisdiction.
- Defendantâs statement requesting the quashing of the bill of information.
- Details of previous convictions, including dates and judges involved.
- A reference to Louisiana law, specifically La. R.S. 13:716(E), regarding consent to guilty pleas.
- A section for the court's order to show cause detailing the hearing date.
When to use this document
This form should be used when a defendant believes that their guilty pleas were not validly accepted by the court, particularly in situations where the defendant did not consent to those pleas as required by law. It is often relevant in criminal cases where the defendant faces severe penalties as a third offender and wishes to challenge the legitimacy of their previous guilty pleas before the court.
Who should use this form
- Defendants in criminal cases who have previously accepted guilty pleas.
- Individuals charged as third offenders seeking to challenge their charges.
- Persons who need to request the court to invalidate a previous legal proceeding related to their case.
How to complete this form
- Enter the name of the court and the parish where the motion is filed.
- Fill in the defendant's name and the specific offense they are charged with.
- List previous convictions, including the court, judges, and the date of each plea.
- Reference the applicable Louisiana law concerning guilty plea consent.
- Sign and date the motion, then submit it to the court as directed.
Does this form need to be notarized?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to provide complete information about previous convictions.
- Omitting to reference relevant Louisiana law regarding plea consent.
- Not adhering to proper court formatting for filing the motion.
- Missing the deadline for filing the motion post-conviction.
Benefits of completing this form online
- Easy access to professionally drafted legal templates.
- The ability to download and customize the form as needed.
- Immediate availability, allowing users to act quickly in legal matters.
- Enhanced privacy when completing sensitive legal documents at home.
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.
