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.

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 and Order to Amend Sentence

Judicial District Court Baton Rouge

Name: Baton Rouge Louisiana Motion and Order to Amend Sentence
Brand: US Legal Forms
Rating: 4.75 (258 reviews)

Category:

Louisiana Criminal - Sentencing

State:

Louisiana

City:

Baton Rouge

Control #:

LA-5045

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This is a motion by defense counsel requesting that defendant's sentence be amended to reflect a guilty plea pursuant to La. C.Cr.P. Article 893. At the time of the original plea, both the District Attorney's Office and defense counsel were under the impression that Article 893 of the code was no longer available, due to recent amendments. Upon learning that the State will recognize a plea for crimes committed prior to the amendment going into effect, and with no objection by the DA’s office, the defendant now requests an amended sentence. An attached order grants the motion.

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Answer to Plaintiff's Petition

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Affidavit of Service

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FAQ

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

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.

A motion for new trial shall be decided expeditiously and within seven days from the date of submission for decision.

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.

(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.

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.

(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.

This process gets more complicated the more serious the crime, but generally, not counting weekends and holidays, the majority of people will not be held longer than 72 hours before being charged and set bail. Staying in jail for 72 hours without being charged and set bail is the worst-case scenario.

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.

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

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

A motion for new trial shall be decided expeditiously and within seven days from the date of submission for decision.

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.

(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.

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

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Invoked this procedure in the East Baton Rouge Parish. What protections can I get in a protective order?In order to make a request to legally change their name, a resident will need to fill out a Petition for Name Change form. 1978). Unlike a gubernatorial pardon, a first offender pardon does not preclude use of a conviction in subsequent prosecution or sentencing, see Touchet v. Lemuel E. Hawsey, III, Baton Rouge, for defendant-appellant. A SEPARATE Motion for Expungement must be filed for EACH ARREST DATE. L. Bruce Dodd, Baton Rouge, for Defendants-Appellees Richard L. Stalder, et al. Motion to Set Aside Conviction and Dismiss Prosecution. Motion to Set Aside Conviction and Dismiss Prosecution ; Form Exp 2.

Judicial District Court Baton Rouge

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How to fill out Baton Rouge Louisiana Motion And Order To Amend Sentence?

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FAQ

What is Article 894 Louisiana?

What is the difference between art 893 and 894?

What is the time period for filing a motion for a new trial Louisiana?

How long does the DA have to file charges in Louisiana?

What is considered a speedy trial in Louisiana?

What is an 894 in Louisiana?

What does a first offender pardon mean in Louisiana?

How long can you be held in jail without bond in Louisiana?

What is a 701 motion in Louisiana?

How long do you stay in jail for a warrant for missing court in Louisiana?

What is Article 894 Louisiana?

What is the difference between art 893 and 894?

What is the time period for filing a motion for a new trial Louisiana?

How long does the DA have to file charges in Louisiana?

What is considered a speedy trial in Louisiana?

What is an 894 in Louisiana?

What does a first offender pardon mean in Louisiana?

How long can you be held in jail without bond in Louisiana?

What is a 701 motion in Louisiana?

How long do you stay in jail for a warrant for missing court in Louisiana?

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