Louisiana Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

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Multi-State
Control #:
US-02613BG
Format:
Word; 
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Description

The sixth amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. Supreme Court's interpretation of the due process and equal protection Clauses of the fourteenth amendment.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

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.

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 ...

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). The exceptions are the three-year limits on collections of rent and debts and a 10-year statute of limitations for contracts and judgments.

(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.

Beginning Formal Prosecution 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.

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

Criminal Statute of Limitation in Louisiana Felonies punishable by life imprisonment or death have no time limit, while others are prosecutable even after 30 years. For misdemeanor cases, prosecutors have six months or two years to file charges against offenders.

What states don't extradite ? The states that do not extradite are South Carolina, Louisiana, and Mississippi.

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Louisiana Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute