What is a 701 motion in Louisiana?

Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendant's motion for a speedy trial must be accompanied by an affidavit from the defendant's counsel certifying that the defendant and counsel are prepared to proceed to trial.

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Louisiana Motion for Judgment of Acquittal

Baton Rouge Louisiana Motion for Judgment of Acquittal

Name: Baton Rouge Louisiana Motion for Judgment of Acquittal
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Category:

Louisiana Criminal - Acquittals

State:

Louisiana

City:

Baton Rouge

Control #:

LA-5007

Format:

Instant download

Description

This is a motion of the defense for a post-verdict acquittal, filed pursuant to La. C.Cr.P. Article 821. The motion states that the evidence presented was not sufficient to find the defendant guilty, and requests that the court set aside the guilty verdict and acquit, or enter a verdict to a lesser offense.

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How to fill out Baton Rouge Louisiana Motion For Judgment Of Acquittal?

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894. Suspension and deferral of sentence; probation in misdemeanor cases.

The judge could order a fine of up to $500 and imprisonment for up to six months.

If you are in jail, the District Attorney must file charges within 45 days of your arrest. If you have bonded from jail, the District Attorney must file charges within 90 days of your arrest.

Basically, this means the judge can find that no rational jury could convict the defendant based on the evidence presented and therefore finds them not guilty without sending the matter to the jury. Appeals Court Orders Defendant's Acquittal After Prosecution Fails to Impeach Its Own Witness.

(1) A first offender never previously convicted of a felony shall be pardoned automatically upon completion of his sentence without a recommendation of the Board of Pardons and without action by the governor.

What is Article 894? Article 894 is part of the Code of Criminal Procedure, and was revised in 2008. It is one of two articles that allow the court to suspend sentences for misdemeanors for certain offenders, permitting the offense to be expunged from one's record if all the conditions are met.

I. A JUDGMENT OF ACQUITTAL IS IMMEDIATELY FINAL AND EXECUTORY AND THE PROSECUTION CANNOT APPEAL THE ACQUITTAL BECAUSE OF THE CONSTITUTIONAL PROHIBITION AGAINST DOUBLE JEOPARDY.

Article 893 is for felony pleas and 894 is for misdemeanor pleas. The advantage of the 893 / 894 plea is that the conviction may be set aside or dismissed if you follow all the conditions of your sentence.

Eligible offenses Under Louisiana's law, the only felonies that cannot be expunged are those for violent offenses, sex offenses, crimes against minors, and drug trafficking offenses (mere possession with intent to distribute is eligible for expungement).

Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendant's motion for a speedy trial must be accompanied by an affidavit from the defendant's counsel certifying that the defendant and counsel are prepared to proceed to trial.

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Baton Rouge, LA 70804. Motion to Set Aside Conviction and Dismiss Prosecution.A SEPARATE Motion for Expungement must be filed for EACH ARREST DATE. A person may file an Interim Motion to. Expunge a Felony Arrest when a felony arrest results in a conviction of a misdemeanor. Helping you find a lawyer in the "Community Resources" section. Steps for obtaining a protective order. Not prosecuted for any offense arising out of this charge. Pre-trial Diversion Program. In Baton Rouge, Louisiana.

How to Get Legal Assistance in your Area. Louisiana Crime Victims' Counsel — Your rights on the internet or in person. What to Expect: When you go to check criminal records in Louisiana, you may be asked for: 1.) Birth and marriage certificates; 2.) Court records, including arrest, court and custody records; and 3.) Criminal history record information. Louisiana Department of Justice. Prison records.

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Baton Rouge Louisiana Motion for Judgment of Acquittal

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