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Louisiana Release by Motion & Order to Cancel Judgment of Bond Forfeiture

State:
Louisiana
Control #:
LA-SKU-0396
Format:
PDF
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Description

Release by Motion & Order to Cancel Judgment of Bond Forfeiture

Louisiana Release by Motion & Order to Cancel Judgment of Bond Forfeiture is a legal document issued by a court in Louisiana that cancels a judgment of bond forfeiture. This document is used when a defendant has failed to appear in court as required and a bond forfeiture judgment has been entered against them. The Louisiana Release by Motion & Order to Cancel Judgment of Bond Forfeiture is a formal document that shows the court has decided to vacate the bond forfeiture judgment and release the defendant from all further obligations. There are two types of Louisiana Release by Motion & Order to Cancel Judgment of Bond Forfeiture: -An Ex Parte Motion & Order to Cancel Judgment of Bond Forfeiture: This type of Louisiana Release is issued when the defendant has not been served with the bond forfeiture summons and the motion to cancel is made without the defendant present. —A Motion & Order to Cancel Judgment of Bond Forfeiture: This type of Louisiana Release is issued when the defendant has been served with the bond forfeiture summons and the motion to cancel is made in court with the defendant present.

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FAQ

A motion to quash may be based on one or more of the following grounds: (1) The indictment fails to charge an offense which is punishable under a valid statute. (2) The indictment fails to conform to the requirements of Chapters 1 and 2 of Title XIII.

Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendant's motion for a speedy trial must be accompanied by an affidavit from the defendant's counsel certifying that the defendant and counsel are prepared to proceed to trial.

(2) For good cause shown, the court may order a continuance of the hearing. (3) The court shall render a judgment on the motion not less than twenty days prior to the trial. (4) In all cases, the court shall state on the record or in writing the reasons for granting or denying the motion.

If you are in jail, the District Attorney must file charges within 45 days of your arrest. If you have bonded from jail, the District Attorney must file charges within 90 days of your arrest.

Louisiana Civil Statutes of Limitation: At a Glance The state of Louisiana is unique in that nearly all civil actions have a one-year statute of limitations (most states range from two to five years for more claims).

If you are in jail, the District Attorney must file charges within 60 days of your arrest, except that that the District Attorney has 120 days from your arrest to file charges for first or second degree murder, aggravated rape, or aggravated kidnapping.

A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. It is a pretrial motion, heard by a judge. There is no jury involved. When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial.

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Louisiana Release by Motion & Order to Cancel Judgment of Bond Forfeiture