What is a 701 motion in Louisiana?

Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendant's motion for a speedy trial must be accompanied by an affidavit from the defendant's counsel certifying that the defendant and counsel are prepared to proceed to trial.

What is a 701 motion in Louisiana?

Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendant's motion for a speedy trial must be accompanied by an affidavit from the defendant's counsel certifying that the defendant and counsel are prepared to proceed to trial.

What is a 701 motion in Louisiana?

Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendant's motion for a speedy trial must be accompanied by an affidavit from the defendant's counsel certifying that the defendant and counsel are prepared to proceed to trial.

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Louisiana Assignment of Errors

Baton Rouge Louisiana Assignment of Errors

Name: Baton Rouge Louisiana Assignment of Errors
Brand: US Legal Forms
Rating: 4.56 (211 reviews)

Category:

Louisiana Criminal - Appeals

State:

Louisiana

City:

Baton Rouge

Control #:

LA-5100

Format:

Instant download

Description

An Assignment of Error is a complaint or declaration by an appellant listing errors believed to have been committed in the acts of the lower court. These errors by the trial court form the basic grounds of his or her appeal. In this example, the appellant states that the court erred by failing to consider mitigating factors and sentencing the defendant to an excessive term of imprisonment. See La. Code of Criminal Procedures Article 844.

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FAQ

Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendant's motion for a speedy trial must be accompanied by an affidavit from the defendant's counsel certifying that the defendant and counsel are prepared to proceed to trial.

Three different modes of procedure are used in civil matters in the trial courts of this state: ordinary, summary, and executory.

In appeals to the Court of Appeal Criminal division, the Criminal Appeal Office currently aims to process a conviction case, from receipt of the application to the final hearing, within 10 months. On average, a simple appeal against sentence case will take about 5 months.

An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief. For example, if a party requests a restraining order from a judge, the judge may need more information.

The rule to show cause may issue on the court's own motion or on motion of a party to the action or proceeding, and shall state the facts alleged to constitute the contempt.

How long does it take to receive a decision? The goal of the Appeals Division is to provide a written decision within 60 days of the hearing.

An appellate court may issue its opinion, or decision, in as little as a month or as long as a year or more. The average time period is 6 months, but there is no time limit.

The peremptory exception of no cause of action is designed to test the legal sufficiency of a petition by determining whether a party is afforded a remedy in law based on the facts alleged in the pleading.

If you are in jail, the District Attorney must file charges within 45 days of your arrest. If you have bonded from jail, the District Attorney must file charges within 90 days of your arrest.

At a show-cause hearing, the complaining party must produce evidence demonstrating ?probable cause? that the defendant committed the crime. The hearing has three possible outcomes: 1) the complaint is dismissed, 2) the complaint is issued, or 3) the complaint is continued.