Utah Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

State:
Multi-State
Control #:
US-02613BG
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Word; 
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Description

The sixth amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. Supreme Court's interpretation of the due process and equal protection Clauses of the fourteenth amendment.


The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Post-Arrest Jail Time in Utah Once you have been booked, the prosecutor will have 72 hours before deciding whether or not file charges against you.

For most Utah felony charges, a prosecution case must be filed within four years of when it is committed. If charges are not filed within the limitation period, future prosecution can be forever prohibited. But there are a number of exceptions to this four-year statute of limitations for more serious felony charges.

This rule applies to the dismissal of any counterclaim, crossclaim, or third-party claim. A claimant's voluntary dismissal under paragraph (a)(1) must be made before a responsive pleading is served or, if there is no responsive pleading, before evidence is introduced at a trial or hearing.

(b) Probable cause determination. If from the evidence the magistrate finds probable cause to believe that the crime charged has been committed and that the defendant has committed it, the magistrate must order that the defendant be bound over for trial.

Under Utah's laws, class B misdemeanors are punishable by up to six months in jail and a $1,000 fine. Criminal trespass, assault, petty theft, and cyberharassment are class B misdemeanors in Utah.

If you post bail and are released and then fail to appear in court, you will face charges for ?skipping bail? or ?bail-jumping,? a misdemeanor in Utah punishable by up to 6 months in jail or a $1,000 fine. What happens to you will depend on your case's unique circumstances and the reasons for your bench warrant.

A Motion to Set Aside Default or Judgment is used to ask the court to set aside or "undo" a default or judgment or final order in a case, and to allow the case to move ahead as if the default or judgment had not been made.

A motion to quash the bindover order is a motion challenging whether the evidence presented at the preliminary hearing is sufficient to support the finding of probable cause. Having an experienced Utah criminal defense attorney on your side can give you the best chance of obtaining a successful outcome in your case.

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Utah Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute