A motion to quash the bill of information is a legal document filed in New Orleans, Louisiana, that seeks to dismiss or invalidate the charges brought against a defendant in criminal proceedings. This motion challenges the sufficiency or legality of the bill of information, which is a formal charging document that outlines the allegations against the defendant. It is an important tool used by defense attorneys to protect their clients' rights and ensure a fair trial. The New Orleans Louisiana Motion To Quash The Bill Of Information can be applicable in various contexts, including cases involving different types of alleged offenses. Some common types of motions to quash the bill of information in New Orleans, Louisiana, may include: 1. Motion to quash based on insufficient evidence: This type of motion argues that the bill of information fails to establish probable cause or provide enough evidence to support the charges against the defendant. The defense attorney may point out inconsistencies or weaknesses in the evidence presented by the prosecution. 2. Motion to quash based on constitutional violations: This motion challenges the legality of the search, arrest, or seizure conducted by law enforcement officers, asserting that the defendant's constitutional rights were violated. Examples include situations where evidence was obtained without a valid warrant or during an illegal search. 3. Motion to quash based on jurisdictional issues: This motion contests the court's jurisdiction over the case, arguing that the charges should be dismissed because the alleged offense occurred outside the court's jurisdiction or that the defendant does not fall within its authority. 4. Motion to quash based on double jeopardy: This type of motion argues that the charges brought in the bill of information violate the defendant's protection against double jeopardy. The defense may assert that the defendant has already been prosecuted or punished for the same offense. 5. Motion to quash based on selective or vindictive prosecution: This motion asserts that the charges were filed against the defendant due to discriminatory or retaliatory motives by the prosecution. The defense attorney may argue that the charges were brought as a result of the defendant's race, religion, or exercise of protected liberties. In summary, a New Orleans Louisiana Motion To Quash The Bill Of Information is a legal document used to challenge the validity of the charges outlined in the bill of information. Different types of motions can be filed based on various grounds such as insufficient evidence, constitutional violations, jurisdictional issues, double jeopardy, or selective prosecution. These motions play a crucial role in protecting the rights of defendants and ensuring a fair legal process.
New Orleans Louisiana Motion To Quash The Bill Of Information
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FAQ
Motions to quash in civil cases must be filed ?timely? (Rule 45(d)(3)(A)), and generally should be filed prior to the date when compliance with the subpoena is required or within 14 days of service of the subpoena.
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.
If you do not attend court a warrant will be issued for your arrest and it is likely that the police will come looking for you at your home address, or you could be stopped on the street.
(i) That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.
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.
The judge could order a fine of up to $500 and imprisonment for up to six months.
In the Court of Common Pleas, a defendant can file a Motion to Quash, arguing to the Common Pleas judge that the municipal or district court judge made a mistake. If granted, the charges that were held for trial at the preliminary hearing will be reduced or dismissed accordingly.
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?.
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.
In order to file a motion to quash, you will need to draft the motion and file it in the case/court that appears on the document you were served with. Once filed, the motion to quash will stay the subpoena, until a judge makes a ruling on the motion or the subpoenaed party and the issuing party reach an agreement.
