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Louisiana Motion to Quash defendant not tried within time limits

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State:
Louisiana
Control #:
LA-5466
Format:
Word; 
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Description

This motion by the defense counsel requests that the bill of information charging the defendant with a particular crime be dismissed, due to failure to prosecute within the time limits specified in La. C.Cr.P. Article 578, et seq. An order to show cause is attached.
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FAQ

Article 218.1 of the Louisiana Code of Criminal Procedure establishes the timeline for a defendant's trial in Louisiana. It emphasizes the right to a timely trial, allowing defendants to file a Louisiana Motion to Quash if they are not tried within the specified period. This article aims to guarantee fairness and uphold justice in the legal system. If you believe your rights have been compromised, you may want to explore the options available to you through uslegalforms.

Definition. To set aside; to void. As in "to quash a motion" or "quash evidence."

WHAT IS MEANT BY THE STATEMENT THAT A MOTION TO QUASH HYPOTHETICALLY ADMITS ALLEGATIONS OF FACT IN THE INFORMATION? > It means that the accused argues that assuming that the facts charged are true, the information should still be dismissed based on the ground invoked by the defendant.

A motion to quash must be based on valid grounds.If the court grants the motion, it may quash the subpoena entirely, modify it, or order that you comply with it on specified conditions. If the court denies the motion, you will usually have to comply with it as written.

Definition. To set aside; to void. As in "to quash a motion" or "quash evidence."

A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid.In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. It can arise out of mistakes made by any lawyer or court officer.

Transitive verb. : to suppress or extinguish summarily and completely quash a rebellion.

Definition. To set aside; to void. As in "to quash a motion" or "quash evidence."

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.

What happens after a motion to dismiss is filed in a civil litigation, does the case continue while the Court is deciding whether to grant or deny the Motion?Finally, the judge will decide to grant or deny the motion. But there could be months between the moving papers and the decision.

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Louisiana Motion to Quash defendant not tried within time limits