This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Allegheny Pennsylvania Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute
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State:
Multi-State
County:
Allegheny
Control #:
US-01851BG
Format:
Word;
Rich Text
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How to fill out Motion To Quash, Dismiss, Or Set Aside Criminal Charges For Failure To Prosecute?
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FAQ
In Pennsylvania, a motion for judgment on the pleadings occurs when one party believes that the facts presented in the pleadings are sufficient for the court to decide the case without a trial. This type of motion considers only the information in the pleadings without outside evidence. It is vital in the context of an Allegheny Pennsylvania Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute, as it can lead to the early dismissal of a case.
It is crucial that your attorney be present with you at your preliminary hearing. Charges against you can be dismissed or they can be dropped in exchange for a hearing waiver.
Once the preliminary hearing is over, the case is ready to head to trial. The prosecution can move forward with its case against you. The court will likely get your case on the docket within a few days of your preliminary hearing, although the actual trial date may be several weeks or even months down the road.
Rule 540 (E) (1) of the Pennsylvania Rules of Criminal Procedure states that the preliminary hearing should be held three to ten days after the defendant's preliminary arraignment.
Pennsylvania Speedy Trial Rights These rights ensure that the government cannot detain an individual for an unwarranted period of time before bringing them to trial. In the state of Pennsylvania, an individual must be brought to trial within 365 days of their arrest or the charges against them must be dismissed.
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 accordingly.
Under normal circumstances, stayed charges may be ?revived? within one year of the court decision, especially if another crime occurs by the defendant during that year. When a charge is withdrawn, however, this means that the court has made the decision to drop the charges permanently, and no longer seek prosecution.
The Magisterial District Judge is prohibited from granting more than one continuance to each party. Any subsequent continuance by either party may be granted only by the President Judge, or his designee, upon completion and with just cause shown on the approved aforementioned continuance request form.
A quash definition would be to reject, or void, especially by a legal procedure. Simply put, it is a verb meaning to put an end to. A motion to quash refers to a specific type of request, in which one court is asked to render the decision made by another, lower court as invalid.
(i) That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.