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.
South Carolina Motion to Quash Indictment
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An indictment formally charges a person with a crime. During an indictment proceeding, a grand jury determines if there is adequate basis for bringing criminal charges against a suspected criminal actor.
An indictment is, in the common law system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the most serious criminal offense is a felony. An indictment by the grand jury allows a prosecutor to take felony criminal charges directly to trial.
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.
1993) ("The Supreme Court has instructed that an indictment is sufficient if it contains the elements of the offense charged, fairly informs the defendant of the charges against which he must defend, and enables him to enter a plea without fear of double jeopardy.") (citing Hamling v.
A ?true-billed? indictment means that at least 12 of the 18 members have determined the state met its burden and can proceed to trial. A ?no-bill? indictment means probable cause was not established and fewer than 12 of 18 voted to true-bill the charge.
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.
To put down or suppress completely; quell; subdue: to quash a rebellion. to make void, annul, or set aside (a law, indictment, decision, etc.).
LAW. to state officially that something, especially an earlier official decision, is no longer to be accepted: quash a conviction/decision/order His conviction was quashed in March after a lengthy legal battle.