Louisiana Motion to Quash Indictment

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State:
Multi-State
Control #:
US-00816
Format:
Word; 
Rich Text
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Description

Defendant moves the court to quash the indictment against him/her. Defendant argues that the indictment fails to supply required information, and the indictment is also vague and ambiguous and does not apprise the defendant of the charge against him/her with sufficient specificity to permit adequate preparation of a defense.
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FAQ

To put down or suppress completely; quell; subdue: to quash a rebellion. to make void, annul, or set aside (a law, indictment, decision, etc.).

A. : a collection of papers or records arranged in order. b. : a collection of data considered as a unit (as for a computer) file.

An indictment formally charges a person with a crime. During an indictment proceeding, a grand jury determines if there is adequate basis for bringing criminal charges against a suspected criminal actor.

A motion to quash is most commonly filed at the beginning of a trial, or an appeal as a pretrial motion. It may be considered as somewhat similar to a motion to dismiss. However, a motion to quash asks the court to nullify a previous court ruling, whereas a motion to dismiss requests the same of a current filing.

Quash means to set aside or to void. In a legal context, quash can be used to describe the process of terminating proceedings or motions or to describe the exclusion of evidence from trial.

In law, a motion to quash is a formal request made to a court to declare a specific proceeding, such as a subpoena, an arrest warrant, or a legal complaint, as invalid or void. The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question.

LAW. to state officially that something, especially an earlier official decision, is no longer to be accepted: quash a conviction/decision/order His conviction was quashed in March after a lengthy legal battle.

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 Motion to Quash Indictment