This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Maine Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute
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Rule 303 - Presumptions in Criminal Cases (a) Scope. This rule governs the application of statutory and common law presumptions, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt in criminal cases.
If the grand jury indicts you, as mentioned above, you will return to court for your arraignment ? the date upon which to enter a plea of guilty or not guilty. If the plea is guilty, you will be sentenced at that time.
Class D offenses are the highest level of misdemeanor charges; they are one step below a felony. Some of the most commonly charged Class D offenses include domestic violence cases. As a baseline, most acts of domestic violence are treated as Class D offense.
In Massachusetts, a motion to suppress is a way to exclude evidence that the police got illegally. If you win a motion to suppress, the Commonwealth cannot introduce the illegal evidence at trial. Sometimes, that means the case is dismissed.
A motion in limine asks the Court to decide whether specific evidence can be used at trial. Under Federal Rule of Civil Procedure 59(e), after entry of judgment, either party may file a motion to alter or amend the judgment if the party believes a mistake was made in the judgment that could be corrected by changing it.
Third, a motion to quash assails the validity of the criminal complaint or the criminal information for defects or defenses apparent on face of the information; a provisional dismissal may be grounded on reasons other than the defects found in the information.
Rule 41A - Motion to Suppress Evidence (a) Grounds of Motion. A defendant may move to suppress as evidence any of the following, on the ground that it was illegally obtained: (1) property; (2) statements of the defendant; (3) test results; (4) out-of-court or in-court eyewitness identifications of the defendant.
Rule 41A - Motion to Suppress Evidence (a) Grounds of Motion. A defendant may move to suppress as evidence any of the following, on the ground that it was illegally obtained: (1) property; (2) statements of the defendant; (3) test results; (4) out-of-court or in-court eyewitness identifications of the defendant.