Mississippi Motion to Quash Indictment

State:
Mississippi
Control #:
MS-61732
Format:
Word; 
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Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion to Quash Indictment, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-61732
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FAQ

The word capias is Latin and translates in English to for the taking of. There are several situations where a capias warrant can be used by criminal or other types of courts. What Is A Capias Warrant? A capias warrant is issued when someone needs to be detained to ensure that they make a scheduled court appearance.

Sixteen-year-old William Haymon has spent more than 500 days in an adult jail in rural Lexington, Mississippi. There are no state rules governing how long a person can be incarcerated without being formally charged with a crime.

In the common law system of the United States, a capias warrant is essentially an order to arrest and detain an individual for the purpose of guaranteeing a court appearance.In most instances, a capias warrant is issued in connection with failure to appear before the court in a criminal case.

To overthrow; to annul; to make void or declare invalid; e.g., "quash a subpoena."In criminal cases, if an indictment is defective to such a degree that no judgment could be made if the defendant were to be convicted, the court typically will quash the indictment.

Capias Warrant/Capias Pro Fine Warrant A Capias Warrant is issued when a subject has a guilty judgment either through court appearance, plea, or arraignment in jail, then fails to pay a fine or complete some specified conditions within the required time period.

Capias warrants can be served by any police officer. A capias can turn a minor offense into an extended stay at the regional jail pending a hearing. If the individual named in the capias is arrested out of state, he or she may remain incarcerated while awaiting extradition to the jurisdiction that issued the capias.

The criminal statute of limitations requires prosecutors to file criminal charges against a suspect within two years for misdemeanors and within five years for certain felonies, but there is no time limit in Mississippi for charges of murder, kidnapping, rape, burglary, robbery, larceny, and several other serious

There is very little difference between a capias and a warrant. A capias is an order issued by a judge ordering your arrest and appearance before the court. A warrant may or may not involve you appearing before a judge, but both are official...

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Mississippi Motion to Quash Indictment