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.
Georgia Motion to Quash Indictment
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How to fill out Motion To Quash Indictment?
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To put down or suppress completely; quell; subdue: to quash a rebellion. to make void, annul, or set aside (a law, indictment, decision, etc.).
In short, being charged means an individual is accused of committing a crime, whereas being indicted means that a grand jury has found enough evidence to formally charge them with the said crime.
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.
(b) The court, upon written motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may: (1) Quash or modify the subpoena if it is unreasonable and oppressive; or (2) Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is ...
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.
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.
If an indictment is returned (True Bill), the case goes to the Superior Court for trial. If the Grand Jury decides not to return an indictment, the case is "no billed." This hearing is done in private. Neither the defendant nor his/her attorney is present.
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.
