Texas Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

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Multi-State
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US-02613BG
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Description

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.

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FAQ

There are, however, some limitations on how long the case can be pending. First, if an indictment is not obtained within the first 90 days of a person being in custody or first 180 days of a person being on bond, the individual must be given a reasonable or personal recognizance bond.

The procedures for a crime's statute of limitations can be found under the Texas Code of Criminal Procedure under section 12.01. The statute goes on to state that crimes classified as misdemeanors have a statute of limitations of 2 years while felonies have a statute of limitations of up to 3 years.

Quash means to set aside or to void. In a legal context, quash can be used to describe the process of terminating proceedings or motions or to describe the exclusion of evidence from trial.

If the prosecution does not obtain an indictment within 90 days, the defendant may still be prosecuted for the crime. However, the defendant will have the benefit of being released on a personal bond or having their bail reduced.

In addition to any other grounds authorized by law, a motion to set aside an indictment or information may be based on the following: 1. That it appears by the records of the court that the indictment was not found by at least nine grand jurors, or that the information was not based upon a valid complaint; 2.

What is a motion to quash? A motion to quash asks the court to confirm that you don't have to respond to a discovery request. In this case, the motion asks the court to confirm that you don't have to respond to discovery you received before the deadline for initial disclosures.

180 days after being arrested, if you have not been indicted, you can get any limitations on your liberty imposed as a condition of your bond removed. You may also be able to get the amount of your bond reduced, possibly even to a personal recognizance bond.

Art. 21.01. "INDICTMENT". An "indictment" is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared to be an offense.

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Texas Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute