The sixth amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. Supreme Court's interpretation of the due process and equal protection Clauses of the fourteenth amendment.
The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
A New York Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute is a legal procedure used to challenge the validity of an indictment in a criminal case due to the prosecutor's failure to actively pursue the charges. This motion provides an opportunity for the defendant (or their attorney) to argue that the indictment should be dismissed or set aside as a result. In New York, there are several types of motions that can be filed in relation to the failure to prosecute an indictment. These include: 1. Motion to Quash: A defendant can file a motion to quash an indictment if there are procedural defects or legal deficiencies that render the indictment invalid. This motion is typically based on technical grounds, such as improper impaneling of the grand jury or failure to state a legally sufficient charge. If successful, the court may dismiss the indictment, requiring the prosecution to start the process anew. 2. Motion to Dismiss: A motion to dismiss an indictment for failure to prosecute argues that the prosecutor's lack of diligence or failure to diligently prosecute the case constitutes a violation of the defendant's constitutional rights. This motion can be filed if there has been an unreasonable delay in bringing the case to trial, resulting in prejudice to the defendant. If the court finds the delay unjustifiable, they may dismiss the indictment, barring further prosecution. 3. Motion to Set Aside: This type of motion seeks to set aside an indictment due to the prosecutor's failure to actively pursue or present evidence supporting the charges. The motion may argue that the prosecution's inaction or withholding of exculpatory evidence has resulted in a violation of the defendant's rights to due process and a fair trial. If successful, the court may vacate the indictment, potentially leading to a dismissal of the charges. Keywords: New York, motion, quash, dismiss, set aside, indictment, failure to prosecute, procedural defects, legal deficiencies, technical grounds, impaneling of grand jury, legally sufficient charge, motion to dismiss, lack of diligence, unreasonable delay, constitutional rights, prejudice, motion to set aside, active pursuit, exculpatory evidence, due process, fair trial.
A New York Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute is a legal procedure used to challenge the validity of an indictment in a criminal case due to the prosecutor's failure to actively pursue the charges. This motion provides an opportunity for the defendant (or their attorney) to argue that the indictment should be dismissed or set aside as a result. In New York, there are several types of motions that can be filed in relation to the failure to prosecute an indictment. These include: 1. Motion to Quash: A defendant can file a motion to quash an indictment if there are procedural defects or legal deficiencies that render the indictment invalid. This motion is typically based on technical grounds, such as improper impaneling of the grand jury or failure to state a legally sufficient charge. If successful, the court may dismiss the indictment, requiring the prosecution to start the process anew. 2. Motion to Dismiss: A motion to dismiss an indictment for failure to prosecute argues that the prosecutor's lack of diligence or failure to diligently prosecute the case constitutes a violation of the defendant's constitutional rights. This motion can be filed if there has been an unreasonable delay in bringing the case to trial, resulting in prejudice to the defendant. If the court finds the delay unjustifiable, they may dismiss the indictment, barring further prosecution. 3. Motion to Set Aside: This type of motion seeks to set aside an indictment due to the prosecutor's failure to actively pursue or present evidence supporting the charges. The motion may argue that the prosecution's inaction or withholding of exculpatory evidence has resulted in a violation of the defendant's rights to due process and a fair trial. If successful, the court may vacate the indictment, potentially leading to a dismissal of the charges. Keywords: New York, motion, quash, dismiss, set aside, indictment, failure to prosecute, procedural defects, legal deficiencies, technical grounds, impaneling of grand jury, legally sufficient charge, motion to dismiss, lack of diligence, unreasonable delay, constitutional rights, prejudice, motion to set aside, active pursuit, exculpatory evidence, due process, fair trial.
