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 Continuance of Sentencing and Order

Baton Rouge Louisiana Motion for Continuance of Sentencing and Order

Name: Baton Rouge Louisiana Motion for Continuance of Sentencing and Order
Brand: US Legal Forms
Rating: 4.87 (225 reviews)

Category:

Louisiana Criminal - Continuances

State:

Louisiana

City:

Baton Rouge

Control #:

LA-5149

Format:

Instant download

Description

This is a Motion to Continue the sentencing of a defendant in a criminal matter. A Motion to Continue is used to request that the court continue, or delay a trial, hearing or other court matter, and often provides a valid reason for the request. In this example, no reason is given for the continuance request. This example also contains an order granting the requested Motion.

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FAQ

Continuance is what a court may grant to delay proceedings until a later date. Parties in a suit or the judge themselves may wish to have a continuance granted in order to prepare for proceedings.

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

A continuance is a postponement of a hearing, trial, or other proceeding to a subsequent day or time. Clerks cannot grant continuances - Only judges can grant continuances.

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.

Upon filing of a bill of information or indictment, the district attorney shall set the matter for arraignment within thirty days unless just cause for a longer delay is shown.

Continuances allow extra time to prepare for a hearing or trial, find a witness, or hire an attorney. Learn what a defendant must show to get a court date pushed back. Judges may grant continuances in criminal cases, but only when a party shows good cause for needing the delay.

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.

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.

Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.

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Louisiana Appellate Project. What protections can I get in a protective order?Sentence, defendant filed a Motion for Appeal that was granted.

Baton Rouge Louisiana Motion for Continuance of Sentencing and Order

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Interesting Questions

What is a motion for continuance of sentencing?

Why would someone file a motion for continuance of sentencing?

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Is there a specific time to file a motion for continuance of sentencing?

What should be included in a motion for continuance of sentencing?

Can the judge deny a motion for continuance of sentencing?

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