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 Motion for Continuance Pretrial...

New Orleans Louisiana Motion for Continuance Pretrial, Plea and Trial, and Order

Name: New Orleans Louisiana Motion for Continuance Pretrial, Plea and Trial, and Order
Brand: US Legal Forms
Rating: 4.8 (490 reviews)

Category:

Louisiana Criminal - Continuances

State:

Louisiana

City:

New Orleans

Control #:

LA-5156

Format:

Instant download

Description

In this example, the defense counsel in a criminal matter requests that the pre-trial, plea day and trial for the defendant be continued and re-fixed. An attached order grants the motion for continuance and fixes the new dates as requested. A Motion to Continue is used to request that the court continue, or delay a trial, hearing or other court matter, and often gives a valid reason for the request.

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How to fill out New Orleans Louisiana Motion For Continuance Pretrial, Plea And Trial, And Order?

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Louisiana is the only Civil law jurisdiction in the United States. Louisiana gets its Civil law legal system from its colonial past as a possession of two Civil law countries, Spain and France. It may be better to think of Louisiana's legal system as a hybrid consisting of both Civil and Common law influences.

The judge could order a fine of up to $500 and imprisonment for up to six months.

Perhaps the most common reason for a continuance is when one side did not have enough time to investigate the case and analyze the evidence. Many defense attorneys, especially public defenders, can move only so quickly because they are representing many clients.

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.

Continuances allow extra time to prepare for a hearing or trial, find a witness, or hire an attorney. Learn what a defendant must show to get a court date pushed back. Judges may grant continuances in criminal cases, but only when a party shows good cause for needing the delay.

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.

Summary proceedings are those which are conducted with rapidity, within the delays allowed by the court, and without citation and the observance of all the formalities required in ordinary proceedings. Disclaimer: These codes may not be the most recent version. Louisiana may have more current or accurate information.

A continuance is a postponement of a hearing, trial, or other proceeding to a subsequent day or time. Clerks cannot grant continuances - Only judges can grant continuances.

Whenever a motion is made to fix a family law case for trial, the judge may call a pre-trial conference. After it is concluded, the judge may then set the case for trial. If a judge believes a pre- trial conference is unnecessary, he may set the case for trial without a conference.

This process gets more complicated the more serious the crime, but generally, not counting weekends and holidays, the majority of people will not be held longer than 72 hours before being charged and set bail. Staying in jail for 72 hours without being charged and set bail is the worst-case scenario.

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To locate forms which are not available here, consult the website of the Jefferson Parish Library. South Maestri Place, Suite 115, New Orleans, LA 70130.MOTIONS. LR75-CR00-9. PRE-TRIAL CONFERENCE. LR75-CR00-10.

New Orleans Louisiana Motion for Continuance Pretrial, Plea and Trial, and Order

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