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.
Virginia Motion to Quash Indictment
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(1) A circuit court shall not accept a plea of guilty or nolo contendere to a felony charge without first determining that the plea is made voluntarily with an understanding of the nature of the charge and the consequences of the plea.
Pleadings and Motions for Trial; Defenses and Objections. (a) Pleadings and Motions. Pleadings in a criminal proceeding shall be the indictment, information, warrant or summons on which the accused is to be tried and the plea of not guilty, guilty or nolo contendere.
If the court finds that a joint trial would constitute prejudice to a defendant, the court shall order severance as to that defendant or provide such other relief as justice requires.
In the Virginia court system, if the grand jury returns an indictment against the defendant, they will be arrested and placed into police custody. Criminal defendants in Virginia are brought before a magistrate immediately after arrest, where they have a chance to be released on bond.
Oral argument on a motion for reconsideration or any motion in any case where a pro se incarcerated person is counsel of record shall be heard orally only at the request of the court. A court may place reasonable limits on the length of oral argument.
Rule 3A:6 - The Indictment and the Information (a)Contents. The indictment or information, in describing the offense charged, must cite the statute or ordinance that defines the offense or, if there is no defining statute or ordinance, prescribes the punishment for the offense.
YOU OR THAT INDIVIDUAL HAS THE RIGHT TO FILE A MOTION TO QUASH (OBJECT TO) THE ATTACHED SUBPOENA. IF YOU ELECT TO FILE A MOTION TO QUASH, YOU MUST FILE THE MOTION WITHIN 15 DAYS OF THE DATE OF THIS SUBPOENA.
- Upon written motion of an accused a court must order the Commonwealth's attorney to: (1) Permit the accused to inspect and review any relevant reports prepared by law enforcement officers and made in connection with the particular case, including any written witness statements or written summaries of oral statements ...
