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.
Oklahoma Motion to Quash Indictment
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How to fill out Motion To Quash Indictment?
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FAQ
Oklahoma law allows a criminal defendant to file a Motion to Quash for insufficient evidence in felony cases after a preliminary hearing.
During the motions hearing the judge will hear any further arguments from the parties, ask any questions that the Court may have and either issue a ruling at the hearing or take the motion under advisement and rule at a later date.
Insufficient evidence is a negative defense, which means that the defendant asserts by implication (silence) or by testimony, that she did not commit the alleged offense, or that the prosecutor cannot prove that she committed the alleged offense.
(2) Response to Motion. Within fifteen (15) days of the filing of a motion to dismiss, a response shall be filed. The argument and authorities in support of the response shall be included therein, and no separate brief may be tendered for filing.
A motion to suppress is a request from the attorney that the court suppress, or not allow, a certain piece or pieces of evidence.
If the prosecution presents evidence that is weak or inconclusive, the judge may find that there is insufficient evidence to convict the defendant. For example, if a witness's testimony is inconsistent or unreliable, it may not be enough to prove the defendant's guilt.
In law, a motion to quash is a formal request made to a court to declare a specific proceeding, such as a subpoena, an arrest warrant, or a legal complaint, as invalid or void.
