Maryland Motion to Quash Indictment

Category:
State:
Multi-State
Control #:
US-00816
Format:
Word; 
Rich Text
Instant download

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

The third code, Motion to Suppress/Exclude Evidence, Dismiss or Sever, may be used in both civil and criminal cases where the relief sought is the exclusion of evidence, the dismissal of a case or the severance of a party.

Rule 4-252 states that a motion to suppress an unlawful search, seizure, interception of wire or oral communication, or pretrial identification must be raised within 30 days after the earlier of the appearance of counsel, or the first appearance of the defendant.

The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental ...

Rule 4-251 - Motions in District Court (a) Content. A motion filed before trial in District Court shall be in writing unless the court otherwise directs, shall state the grounds upon which it is made, and shall set forth the relief sought.

On motion of any party filed at any time, the court may exercise revisory power and control over the judgment in case of fraud, mistake, or irregularity.

On motion of a party, the court may order a joint trial for two or more defendants charged in separate charging documents if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. (b) Joint Trial of Offenses.

In its present form, Rule 4-263 limits the State's discovery obligations to eleven categories of information. Rule 4-263(d). Unlike in civil cases, however, "no rule provides generally for the discovery of all relevant information and documents in the State's possession or control in criminal cases." Id.

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Maryland Motion to Quash Indictment