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

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Multi-State
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US-02613BG
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Description

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

. (a) Preindictment. A complaint may be administratively dismissed by the prosecutor without presentation to the grand jury in which event said prosecutor shall report the dismissal and the basis therefor to the Assignment Judge and shall notify the defendant.

A motion to quash is most commonly filed at the beginning of a trial, or an appeal as a pretrial motion. It may be considered as somewhat similar to a motion to dismiss. However, a motion to quash asks the court to nullify a previous court ruling, whereas a motion to dismiss requests the same of a current filing.

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.

N.J.R. -1 (a) (amended eff 9/1/18). As a practical matter, this means discovery and calendar motions, including motions to dismiss based on failure to make discovery, should be filed, at the latest, 16 days before the last motion calendar return date that falls within the discovery period.

A motion to dismiss challenges the sufficiency of the complaint, while a motion for summary judgment challenges the underlying merits of the case. In other words, a motion to dismiss is based on the legal sufficiency of the complaint, while a motion for summary judgment is based on the factual sufficiency of the case.

The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question. When a motion to quash is filed, the court will review the arguments and evidence presented by the party filing the motion, as well as any opposing arguments.

A Motion to dismiss an indictment is used if the evidence was insufficient to support the charges within the indictment and it can be based on several factors, including the State's failure to properly instruct the Grand Jury and/or the State's witnesses misleading the Grand Jury.

What Happens After an Indictment in New Jersey? The next step after an indictment is for your criminal case to go to arraignment. The arraignment marks your first appearance in the courtroom and comes after arrest, booking, and indictment.

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