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 To Suppress The Evidence

Baton Rouge Louisiana Motion To Suppress The Evidence

Name: Baton Rouge Louisiana Motion To Suppress The Evidence
Brand: US Legal Forms
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Louisiana Court Samples - Criminal - Discovery - Evidence - Sample Case 1

State:

Louisiana

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Baton Rouge

Control #:

LA-EW-119-03

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A03 Motion To Suppress The Evidence

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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.

Generally, a motion to suppress is based on: Fourth Amendment and Article 14 protections against unreasonable search and seizure; Fifth Amendment, Sixth Amendment, and Article 12 protections against illegal confessions or admissions and the right to counsel; and/or.

If you miss your criminal court appearance in Louisiana, the court will likely issue a warrant for your arrest. This is commonly called a bench warrant because it's issued by the judge while sitting at his desk in the courtroom, which is also known as the ?bench?.

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.

When evidence is suppressed, that means it is excluded from the case. In other words, the prosecutor cannot use it against the defendant to attempt to prove guilt beyond a reasonable doubt. For evidence to be suppressed, a formal request must first be submitted to the court. This is called a motion to suppress.

A motion to suppress is a motion that revolves around the exclusion of evidence from trial. In the United States, a motion to suppress is a request made by a criminal defendant in advance of a criminal trial asking the court to exclude certain evidence from the trial.

Sometimes, the judge responds to this request with an order denying a motion to suppress. What does an order denying a motion to suppress mean? Generally, it means that the court will not approve the motion. This means that the evidence can be used in a criminal case.

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.

Some examples of evidence commonly suppressed include: Evidence obtained by an unreasonable search in violation of your Fourth Amendment rights. Evidence obtained due to an unlawful traffic stop or arrest, which constitutes an unreasonable seizure in violation of your Fourth Amendment rights.

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

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Baton Rouge Louisiana Motion To Suppress The Evidence

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