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.
Maine Motion to Quash Indictment
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A grand jury helps determine whether to bring charges against a suspect, while trial jurors render a verdict at the trial itself. Put differently, a grand jury hands down an indictment at the beginning of a criminal case. A trial jury decides guilt or innocence at the end of the trial.
Criminal statutes of limitations in Maine are generally three years for misdemeanors and six years for felonies, although the time limit is eight years for sexual assault charges and no limit for murder or sexual assault against a victim under the age of 16.
Rule 41A - Motion to Suppress Evidence (a) Grounds of Motion. A defendant may move to suppress as evidence any of the following, on the ground that it was illegally obtained: (1) property; (2) statements of the defendant; (3) test results; (4) out-of-court or in-court eyewitness identifications of the defendant.
What is a motion to quash? A motion to quash asks the court to confirm that you don't have to respond to a discovery request. In this case, the motion asks the court to confirm that you don't have to respond to discovery you received before the deadline for initial disclosures.
A grand jury designated ?investigatory? meets for a 12-month term, while a grand jury designated ?accusatory? meets for a 6-month term.
Grand jury to present all crimes. Grand juries shall present all crimes for which by law they are given territorial authority to indict, and may appoint one of their number to take minutes of their proceedings to be delivered to the attorney, if the jury so directs.
Grand jury members must be elected by the people (not citizens) of the jurisdiction in which they are operating. There are no rules defining a procedure for how they are elected. The people, without the influence of government, decide for themselves how the grand jury members are elected.
If the grand jury indicts you, as mentioned above, you will return to court for your arraignment ? the date upon which to enter a plea of guilty or not guilty. If the plea is guilty, you will be sentenced at that time.
