Oregon Motion to Quash Indictment

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State:
Multi-State
Control #:
US-00816
Format:
Word; 
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Description

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.
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FAQ

33.065 Procedure for imposition of punitive sanctions. (2) The following persons may initiate the proceeding by an accusatory instrument charging a person with contempt of court and seeking a punitive sanction: (a) A city attorney.

Punitive Contempt of Court in Oregon Punitive contempt actions can result in ?confinement.? This means jail time, and this penalty is what distinguishes them from remedial actions. ORS 33.065 limits the filing of punitive contempt actions to a city attorney, district attorney, or the Oregon Attorney General.

33.015 Definitions for ORS 33.015 to 33.155. (2) ?Contempt of court? means the following acts, done willfully: (a) Misconduct in the presence of the court that interferes with a court proceeding or with the administration of justice, or that impairs the respect due the court.

A Motion to Suppress is a request by a defendant that the judge issue an order excluding or limiting certain evidence from trial. In some cases, the motion to suppress may be a request by the defendant to effectively dismiss the entire case due to an unlawful stop, detention, search, or arrest by law enforcement.

(7) "Primary release criteria" includes the following: (a) The reasonable protection of the victim or public; (b) The nature of the current charge; (c) The defendant's prior criminal record, if any, and, if the defendant previously has been released pending trial, whether the defendant appeared as required; (d) Any ...

Contempt of Court is when one or more parties willfully disobeys a court order or judgment. If a party is found in contempt, the Courts can order fines, attorney fees, compensation for damages, and even probation and confinement (aka incarceration or jail).

ORS 33.105(1)(a, c-f) allows the court to impose one or more of the following sanctions: payment of a sum of money sufficient to compensate a party for the loss, injury, or costs suffered by the party as the result of contempt; an amount not to exceed $500 or one percent of the defendant's annual gross income, ...

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Oregon Motion to Quash Indictment