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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Baton Rouge Louisiana Motion for Continuance Pretrial, Plea and Trial, and Order

Name: Baton Rouge Louisiana Motion for Continuance Pretrial, Plea and Trial, and Order
Brand: US Legal Forms
Rating: 4.8 (490 reviews)

Category:

Louisiana Criminal - Continuances

State:

Louisiana

City:

Baton Rouge

Control #:

LA-5156

Format:

Instant download

Description

In this example, the defense counsel in a criminal matter requests that the pre-trial, plea day and trial for the defendant be continued and re-fixed. An attached order grants the motion for continuance and fixes the new dates as requested. A Motion to Continue is used to request that the court continue, or delay a trial, hearing or other court matter, and often gives a valid reason for the request.

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FAQ

A stay of court proceedings can be sought at various stages in the proceedings, including pre-allocation and in the directions questionnaire, and can generally be ordered following an application by the parties or by the court acting on its own initiative.

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

(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.

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.

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.

Three different modes of procedure are used in civil matters in the trial courts of this state: ordinary, summary, and executory.

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

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.

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.

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.

Baton Rouge Louisiana Motion for Continuance Pretrial, Plea and Trial, and Order

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Interesting Questions

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