Pennsylvania Sample Letter for Motion to Quash
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How to fill out Sample Letter For Motion To Quash?
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FAQ
If the judge fails to decide the motion within 120 days, or to grant an extension as provided in paragraph (B)(3)(b), the motion shall be deemed denied by operation of law.
Any party may object to service of the subpoena by filing and serving written objections. There is a twenty-day period in which to object during which the subpoena may not be served.
Rule 700 - Sentencing Judge (A) Except as provided in paragraph (B), the judge who presided at the trial or who received the plea of guilty or nolo contendere shall impose sentence unless there are extraordinary circumstances which preclude the judge's presence.
Code § 721 - Procedures for Commonwealth Challenges to Sentencing; Sentencing Appeals. (1) The Commonwealth may challenge a sentence by filing a motion to modify sentence, by filing an appeal on a preserved issue, or by filing a motion to modify sentence followed by an appeal.
In the Court of Common Pleas, a defendant can file a Motion to Quash, arguing to the Common Pleas judge that the municipal or district court judge made a mistake. If granted, the charges that were held for trial at the preliminary hearing will be reduced or dismissed ingly.
Procedure at Time of Sentencing. (A) TIME FOR SENTENCING. (1) Except as provided by Rule 702(B), sentence in a court case shall ordinarily be imposed within 90 days of conviction or the entry of a plea of guilty or nolo contendere.
Rule 520 - Bail Before Verdict (A) Bail before verdict shall be set in all cases as permitted by law. Whenever bail is refused, the bail authority shall state in writing or on the record the reasons for that determination. (B) A defendant may be admitted to bail on any day and at any time.
Motion to Quash (a) The party serving a subpoena or a notice to attend or a notice to produce may excuse compliance therewith. (b) A motion to quash a subpoena, notice to attend or notice to produce may be filed by a party, by the person served or by any other person with sufficient interest.
