Contra Costa California Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

State:
Multi-State
County:
Contra Costa
Control #:
US-02613BG
Format:
Word; 
Rich Text
Instant download

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

A motion to quash a warrant in California seeks to nullify an arrest warrant based on various legal grounds, such as improper issuance or lack of probable cause. When you file this motion, you argue that the warrant does not meet legal standards or procedural requirements. This process is significant in the context of a Contra Costa California Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute.

To oppose a motion to quash in California, you must file an opposition brief that clearly outlines your arguments and evidence against the motion. You should also prepare to address any legal basis cited in the original motion effectively. This thorough preparation is crucial in cases involving a Contra Costa California Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute.

A section 170.6 challenge to a direct calendar judge assigned to a case for all purposes must be made for a civil case within 15 days of the party's notice of the all-purpose assignment or, if the party has not yet appeared, within 15 days of the party's first appearance.

Orders (form FL-306) (b) Either party may request a continuance of the hearing, which the court shall grant on a showing of good cause. The request may be made in writing before or at the hearing or orally at the hearing. The court may also grant a continuance on its own motion.

If a case hasn t been settled, many courts set a time for an issue conference. The lawyers usually appear at this hearing before a judge without their clients and try to agree on undisputed facts or points of law. Such agreements are called stipulations .

Judicial Council Forms. To help you make sure that your court documents have the information the court needs, the California courts have created a set of court forms called Judicial Council forms.

If you are unable to attend court and want to change the court date (adjourn the hearing), you must send a copy of your reasons with evidence in support to the other party and the court, this effectively will put the court on notice and move the hearing to another date.

Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (Rule 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (Rule 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a

A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations.

It comes after a criminal defendant has been arraigned, but before the case goes to trial. The goal of the pre-trial conference is to bring the prosecutor and the defense attorney together to explore possibilities of resolving the case without going to trial.

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Contra Costa California Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute