What is a 701 motion in Louisiana?

(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article.

US Legal Forms
Louisiana Motion for Mistrial

Mistrial Draft

Name: Louisiana Motion for Mistrial
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.87 (292 reviews)

Category:

Louisiana Criminal - Motions

State:

Louisiana

Control #:

LA-5392

Format:

Instant download

Description Juror Voir Dire

In this example, the defendant moves for a mistrial pursuant to Louisiana Constitution, Article 1, Section 17 and La. C.Cr.P. Article 786, which guarantees the defendant a right to full voir dire examination of prospective jurors.

View Agreed Order Granting Additional Time to Complete Discovery in Circuit Court with Third Parties

View this form

View Agreed Order Granting Additional Time to Complete Discovery in Chancery Court

View this form

View Mississippi No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

View this form

View Mississippi No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for people with Minor Children

View this form

View Quitclaim Deed Retaining Vendors Lien

View this form

How to fill out Motion Mistrial Form?

In search of Louisiana Motion for Mistrial forms and filling out them could be a problem. In order to save time, costs and energy, use US Legal Forms and choose the right template specially for your state within a couple of clicks. Our lawyers draw up every document, so you just need to fill them out. It really is that simple.

Log in to your account and come back to the form's page and save the sample. All your downloaded examples are stored in My Forms and therefore are accessible always for further use later. If you haven’t subscribed yet, you have to register.

Take a look at our thorough guidelines concerning how to get the Louisiana Motion for Mistrial sample in a couple of minutes:

To get an eligible example, check out its applicability for your state.
Look at the form making use of the Preview function (if it’s offered).
If there's a description, read through it to understand the details.
Click on Buy Now button if you found what you're seeking.
Select your plan on the pricing page and make an account.
Select you would like to pay with a credit card or by PayPal.
Download the sample in the favored file format.

You can print the Louisiana Motion for Mistrial form or fill it out utilizing any online editor. Don’t worry about making typos because your sample can be used and sent, and printed out as often as you want. Try out US Legal Forms and get access to around 85,000 state-specific legal and tax files.

Mistrial La Form Rating

4.87

Satisfied(292)

Mistrial Application Form popularity

Louisiana Mistrial Other Form Names

Louisiana Motion Louisiana Motion Contract Louisiana Motion File Louisiana Motion Mistrial Louisiana Motion Template Louisiana Mistrial File Mistrial Louisiana

Mistrial Sample FAQ

If the jury cannot reach an unanimous decision for a guilty verdict and also do not find the defendant to be not guilty then this will be a hung jury and the judge can declare a mistrial.

When a mistrial is declared, the jury is discharged, and, depending on the reason for the mistrial, the Court either will direct that the trial begin again with a new jury or dismiss the charges.Generally, if the defendant requests the mistrial, a new trial will be ordered.

(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article.

In most cases a mistrial will not bar the State from starting all over and trying the defendant again. This is unfair and violates the protections of the Double Jeopardy Clause in the Constitution. However, the appellate courts have repeatedly disagreed and held that retrials are permitted in most circumstances.

If the jury cannot reach an unanimous decision for a guilty verdict and also do not find the defendant to be not guilty then this will be a hung jury and the judge can declare a mistrial.

After a mistrial has been declared, the prosecution must decide whether they intend to pursue the case, or drop it. Prosecutors may drop a case if they believe a second trial will end in an acquittal or a second hung jury.

Causes of a Mistrial Examples include improperly admitted and highly prejudicial evidence or very improper remarks by a prosecutor in their closing argument. an impropriety in the selection or impaneling of the jury discovered during the trial, such as a relationship between one of the jurors and a party or witness.

Five of the most common are: a fundamental procedural, legal, or evidentiary error that cannot be cured by an instruction to the jury and which prejudices the defendant. Examples include improperly admitted and highly prejudicial evidence or very improper remarks by a prosecutor in their closing argument.

In the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried.

Mistrial Draft

Description Juror Voir Dire

Mistrial Document Related forms

How to fill out Motion Mistrial Form?

Show more info

Mistrial La Form Rating

Mistrial Application Form popularity

Louisiana Mistrial Other Form Names

Mistrial Sample FAQ

When can a judge declare a mistrial?

Are you free after a mistrial?

What is a 701 motion in Louisiana?

Is a mistrial good or bad for the defendant?

How does a mistrial work?

What happens when Judge declares mistrial?

What might cause a judge to declare a mistrial?

What is the most common reason that a judge declares a mistrial?

Does the defendant go free in a mistrial?

Motion Mistrial Trusted and secure by over 3 million people of the world’s leading companies