An Order is a written direction or command delivered by a court or judge. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Louisiana Order Setting Aside Dismissal for Want of Prosecution
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US-02470BG
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How to fill out Order Setting Aside Dismissal For Want Of Prosecution?
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FAQ
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 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.
701. Right to a speedy trial. A. The state and the defendant have the right to a speedy trial.
What is an Article 894? In the Louisiana Code of Criminal Procedure, Article 894 allows for a misdemeanor conviction to be set aside and dismissed after successful completion of probation.
In the civil law of Louisiana : an exception pleaded by a defendant especially on the basis that the law provides no remedy for the injury the plaintiff alleges, that the claim is barred by res judicata or prescription, or that an indispensable party has not been joined.
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.
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 ...
(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.
