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.
North Carolina Motion to Quash Indictment
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How to fill out Motion To Quash Indictment?
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FAQ
True bill (also called true bill of indictment) refers to a decision to indict a criminal defendant by a Grand Jury.
The main difference between a conviction and an indictment is that an indictment only establishes whether or not there is enough evidence to charge a suspect with a crime. If so, the suspect must then actually be tried and convicted by a judge or jury in a criminal trial.
§ 15A-641. Indictment and related instruments; definitions of indictment, information, and presentment. (a) Any indictment is a written accusation by a grand jury, filed with a superior court, charging a person with the commission of one or more criminal offenses.
What happens after an indictment? Either the same day or the day after a person is arrested and charged, an initial hearing with a magistrate judge will be held to go over the charges and their rights.
Quash means to set aside or to void. In a legal context, quash can be used to describe the process of terminating proceedings or motions or to describe the exclusion of evidence from trial.
An indictment is a formal accusation in a criminal case against someone suspected of committing a serious criminal offense. It's filed after the conclusion of a grand jury investigation, and formal charges follow.
Specifically, after obtaining an indictment, prosecutors obtain an arrest warrant. The arrest warrant names the person prosecutors want to arrest and specifies a place and time for the arrest. It also lists the crimes alleged against the target of the arrest warrant.
(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run.
