Maine 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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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 a civil action or proceeding, the court shall instruct the jury to accept as conclusive any fact judicially noticed. In a criminal case, the court shall instruct the jury that it may, but is not required to, accept as conclusive any fact judicially noticed.

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. Rule 41A - Motion to Suppress Evidence, Me. R. Crim. P. 41A casetext.com ? rule ? maine-court-rules ? rule-41a... casetext.com ? rule ? maine-court-rules ? rule-41a...

In a civil case, the court must instruct the jury to accept the noticed fact as conclusive. In a criminal case, the court must instruct the jury that it may or may not accept the noticed fact as conclusive.

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. What Happens If I Am Charged With A Crime In Maine - Nichols and Tucker nicholstucker.com ? maine-defender ? what-... nicholstucker.com ? maine-defender ? what-...

Maine Rule 201 is similar, but not identical to Federal Rule 201. In Maine there is no distinction between civil and criminal cases in the effect of judicial notice. In both cases the court instructs the jury that the fact noticed should be accepted as conclusive. Rule 201 - Judicial Notice of Adjudicative Facts, Me. R. Evid. 201 casetext.com ? rule ? maine-rules-of-evidence ? r... casetext.com ? rule ? maine-rules-of-evidence ? r...

A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.

Upon motion by the attorney for the State or the defendant and after notice and upon a showing of changed circumstances or upon the discovery of new and significant information, the court may amend the bail order to relieve the defendant of any condition of release, modify the conditions imposed or impose further ... HP1034, LD 1421, item 1, An Act To Amend the Maine Bail Code maine.gov ? legis ? bills ? billtexts maine.gov ? legis ? bills ? billtexts

In a civil case, the court may admit evidence of specific instances of sexual behavior by an alleged victim offered to prove an alleged victim's sexual behavior or sexual predisposition if its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.

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