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

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Multi-State
Control #:
US-02613BG
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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

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.

Quash. v. to annul or set aside. In law, a motion to quash asks the judge for an order setting aside or nullifying an action, such as "quashing" service of a summons when the wrong person was served.

A Motion to Dismiss requests that the judge ends the case. A Motion to Quash, on the other hand, asks the judge to declare something, such as a warrant, invalid. The latter motion does not dispose of the case.

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.

A motion to quash a search warrant is essentially a motion to suppress. However, it is more difficult to demonstrate that police acted unreasonably when they did in fact obtain a search warrant from a judge before conducting a search. Yet, there is still hope to invalidate the search and suppress the evidence.

A Serna motion, also known as a motion to dismiss, is a legal filing made by your attorney in order to have your criminal case dropped.

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