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.
New Mexico Motion to Quash Indictment
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Upon written request made prior to trial, the prosecuting attorney shall provide to the defense the following: (1) the names of all witnesses expected to testify for the prosecution; (2) a copy of any written statement of the defendant; (3) a copy of the criminal record of the defendant, if proposed for use as ...
A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. It is a pretrial motion, heard by a judge. There is no jury involved. When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial. Understanding Criminal Procedure in Mississippi and Motions to Dismiss housleylaw.com ? motion-to-dismiss housleylaw.com ? motion-to-dismiss
The district judge may convene one or more grand juries at any time, without regard to court terms. A grand jury shall serve for a period of no longer than three months. The district judge shall summon and qualify as a panel for grand jury service such number of jurors as he deems necessary. New Mexico Statutes Section 31-6-1 (2021) - Grand jury panels; calling justia.com ? codes ? chapter-31 ? article-6 ? s... justia.com ? codes ? chapter-31 ? article-6 ? s...
Chapter 17 - Trial. § 99-17-1. Indictments to be tried within 270 days of arraignment. Unless good cause be shown, and a continuance duly granted by the court, all offenses for which indictments are presented to the court shall be tried no later than two hundred seventy (270) days after the accused has been arraigned.
A motion to quash asks the court to confirm that you don't have to respond to a discovery request. In this case, the motion asks the court to confirm that you don't have to respond to discovery you received before the deadline for initial disclosures. Motion to Quash - Texas Law Help texaslawhelp.org ? article ? motion-to-quash texaslawhelp.org ? article ? motion-to-quash
The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent. Rule 48. Dismissal | Federal Rules of Criminal Procedure | US Law cornell.edu ? rules ? frcrmp ? rule_48 cornell.edu ? rules ? frcrmp ? rule_48
Because the prosecutor filed the charge, they also have the discretion to dismiss it if they believe the facts and circumstances warrant it. Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case.
The indictment is the formal charge in a felony proceeding. Once indicted, the next step is arraignment. The arraignment is where the defendant charged will plead guilty or not guilty. In most, if not all cases, the person charged will enter a not guilty plea at the arraignment.