Louisiana Motion for Preliminary Examination
What is this form?
The Motion for Preliminary Examination is a legal document used by a defendant to request a court hearing regarding the preliminary examination of criminal charges. This form enables the defendant to argue for the examination and potentially seek release from custody following that examination. It ensures that the legal process respects the defendant's rights by allowing them to challenge the evidence against them before proceeding to trial. The motion is specific to Louisiana law, following La. C.Cr.P. Article 292, which sets the guidelines for such procedures.
What’s included in this form
- Defendant's details, including name and case information.
- Specific reasons for requesting a preliminary examination.
- Citation of the legal provision enabling the motion.
- Request for discharge from custody after the examination.
- Order format specifying the date, time, and location for the hearing.
- Certification of notice to opposing counsel.
When this form is needed
This form is applicable when a defendant in Louisiana is charged with a crime and wishes to challenge the basis of those charges before trial. It is typically used in cases where the defendant believes there is insufficient evidence to proceed with the charges, allowing a forum to address the validity of the prosecution's accusations. Using this form can be crucial when the defendant seeks pre-trial release based on the outcomes of the preliminary examination.
Who should use this form
- Defendants facing criminal charges in Louisiana.
- Individuals with legal representation seeking a preliminary examination.
- Attorneys representing clients who wish to dispute charges before trial.
How to complete this form
- Enter the defendant's name and case details at the top of the form.
- Specify the crime with which the defendant is charged.
- Cite La. C.Cr.P. Article 292 to justify the motion for a preliminary examination.
- Clearly articulate reasons for requesting the examination and discharge from custody.
- Complete the order section by filling in the hearing date, time, and courthouse details.
- Sign and date the form to certify its accuracy and completeness.
Is notarization required?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Common mistakes
- Failing to properly cite the legal provision (La. C.Cr.P. Article 292).
- Leaving out necessary personal information about the defendant.
- Not including a proposed date and time for the hearing.
- Neglecting to sign and date the form before submission.
Why use this form online
- Convenience of instant download and accessibility from anywhere.
- Editability to tailor the document to specific needs quickly.
- Reliability of professionally drafted forms ensuring compliance with legal standards.
What to keep in mind
- The Motion for Preliminary Examination is essential for defendants wishing to challenge charges pre-trial in Louisiana.
- Properly completing the form can lead to a preliminary hearing and potential discharge from custody.
- Understanding state-specific legal terminology and procedures is crucial for successful use of this form.
Form popularity
FAQ
Article 292 of the Louisiana Code of Criminal Procedure defines the framework for pleadings in criminal cases, including the handling of motions like the Louisiana Motion for Preliminary Examination. This article ensures that defendants have the opportunity to challenge the evidence presented against them before trial. By applying its provisions, defendants can safeguard their rights and prepare for a robust defense. Utilizing a platform like uslegalforms can facilitate understanding and navigating these complex legal processes.
Rule 9.9 in Louisiana is part of the local rules governing how attorneys and parties should handle certain procedural aspects in court. It emphasizes the need for specific documentation and timely submissions, ensuring a smoother court process. Knowing these rules can significantly impact the effectiveness of your motions, including a Louisiana Motion for Preliminary Examination.
The purpose of the preliminary hearing is to determine if there is enough evidence to justify holding the defendant to answer for the alleged charge(s), which includes any misdemeanors that are charged along with the felonies. It's our job to try to convince the judge that there is not.
A preliminary examination is conducted in a similar fashion to a trial. Witnesses and evidence are put forth by the district attorney. The defense counsel is able to question the witnesses and argue the weaknesses of the case presented by the district attorney. Unlike a trial, however, no jury is present.
The burden of proof at these hearings is on the prosecutor and he/she must show that: there is enough probable cause to show that a crime was committed, and. there is enough probable cause to believe that the defendant is the person who committed that crime.
An arraignment is a pre-trial proceeding, sometimes called an initial appearance. The criminal defendant is brought in front of a judge at a lower court.
Investigation. Charging. Initial Hearing/Arraignment. Discovery. Plea Bargaining. Preliminary Hearing. Pre-Trial Motions. Trial.
Is there probable cause to believe the alleged crime occurred and did it occur within the court's jurisdiction? Is there probable cause to believe that the defendant committed the crime?
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins.The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
Finding by a grand jury that there is probable cause to believe a crime occurred and the defendant is the person who committed it.Preliminary hearing is a screening device to determine whether there is probable cause to believe that the defendant committed the crime charged.
