A North Dakota Motion to Quash Indictment is a legal document filed by a defendant's attorney to challenge the validity and legality of an indictment issued against their client. This motion seeks to ask the court to dismiss the indictment, arguing various grounds that prove the indictment is faulty, unconstitutional, or lacking sufficient evidence. In North Dakota, there are several types of motions to quash an indictment that can be filed, including: 1. Insufficient evidence: This motion alleges that the indictment fails to establish probable cause or provide enough evidence to support the charges brought against the defendant. The defense may argue that the evidence presented is weak or inconclusive, and therefore, the charges should be dismissed. 2. Improper grand jury proceedings: A motion can be filed if the defense believes that the grand jury proceedings were conducted in an unfair or illegal manner. This may include instances of juror bias, improper presentation of evidence, or prosecutorial misconduct during the grand jury process. 3. Violation of constitutional rights: This motion is based on the argument that the defendant's constitutional rights have been violated during the investigation, arrest, or indictment process. It may allege violations of the Fourth Amendment (unreasonable search and seizure), Fifth Amendment (right against self-incrimination), or Sixth Amendment (right to counsel). 4. Double jeopardy: If the defendant believes that they are being charged with the same offense for which they have already been prosecuted or convicted, a motion to quash can be filed on the grounds of double jeopardy. This is a constitutional protection preventing a person from being tried twice for the same crime. 5. Selective prosecution or discriminatory intent: This motion challenges the indictment on the basis that the charges are motivated by discriminatory factors, such as race, religion, or political beliefs. The defense must provide evidence or show a pattern of selective prosecution to support this claim. 6. Statute of limitations: When the alleged criminal offense falls outside the timeframe set by the statute of limitations, the defense can file a motion to quash the indictment. This motion argues that the prosecution failed to bring charges within the prescribed time limit and, therefore, the indictment is invalid. It is important to note that the availability and grounds for filing a specific type of motion to quash an indictment can vary depending on the facts of the case and the applicable laws in North Dakota. It is recommended that defendants consult with their legal counsel to determine the most appropriate motion to quash in their specific situation.
North Dakota Motion to Quash Indictment
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How to fill out North Dakota Motion To Quash Indictment?
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FAQ
Under Rule 4(B) of the rules of criminal procedure, the defendant has the right to request an early trial. Any defendant held in jail on an indictment or a probable cause affidavit who requests an early trial must be discharged if the trial does not begin within 70 days of that request.
The indictment or information must be a plain, concise, and definite written statement of the essential facts constituting the offense charged and must be signed by an attorney for the government. It need not contain a formal introduction or conclusion.
The right to a trial within a reasonable time is enshrined in provision 11(b) of the Charter and forms an important foundation that is central to Canada's justice system. The Supreme Court of Canada's landmark decision R v Jordan (2016 SCC 27) addresses 11(b) rights and associated trial delays.
(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.
29-19-02. Right to speedy trial. The right to a speedy trial in a criminal case in which the charging instrument contains a charge of a felony offense under section 19-03.1-23 or under chapter 12.1-20 is for the trial to begin within ninety days of the date the party elects this right.
Generally, Rule 7(c)(1) of the Federal Rules of Criminal Procedure requires an indictment to provide "a plain, concise and definite written statement of the essential facts constituting the offense charged." United States v. Yefsky, 994 F.
Rule 11.09Trial Date (b) A defendant must be tried as soon as possible after entry of a plea other than guilty. On demand of any party after entry of such plea, the trial must start within 60 days unless the court finds good cause for a later trial date.
In Montana,200 days must pass between the date the defendant becomes an accused and the date of the trial before a speedytrial analysis is conducted.