Louisiana Motion to Vacate Order of Arrest for Lack of Jurisdiction

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US-00768BG
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This form is a Motion to Vacate Order of Arrest for Lack of Jurisdiction.

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FAQ

(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.

A defendant may amend his answer once without leave of court at any time within ten days after it has been served. Otherwise, the petition and answer may be amended only by leave of court or by written consent of the adverse party.

If you have bonded from jail, the District Attorney must file charges within 90 days of your being arrested in Lousiana. If the District Attorney does not file charges against you in the time required by law, you may be entitled to be released from jail or your bail obligation.

701. Right to a speedy trial. A. The state and the defendant have the right to a speedy trial.

Within 60 days if the defendant is not continued in custody for a misdemeanor charge; Within 120 days if the defendant is continued in custody for a felony charge; Within 180 days if the defendant is not continued in custody for a felony charge.

A motion to quash may be filed of right at any time before commencement of the trial, when based on the ground that: (1) The offense charged is not punishable under a valid statute; (2) The indictment does not conform with the requirements of Chapters 1 and 2 of Title XIII; (3) Trial for the offense charged would ...

If you arrested for a misdemeanor and unable to post bond, the State has 45 days to formally charge you with a crime. The State has 60 days to formally charge you with a felony unless the crime is punishable by death or life in prison without parole. Then, the state has 120 days to formally charge you.

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Louisiana Motion to Vacate Order of Arrest for Lack of Jurisdiction