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 and Order for Hearing to Revoke Probation

New Orleans Louisiana Motion and Order for Hearing to Revoke Probation

Name: New Orleans Louisiana Motion and Order for Hearing to Revoke Probation
Brand: US Legal Forms
Rating: 4.83 (447 reviews)

Category:

Louisiana Criminal - Motions

State:

Louisiana

City:

New Orleans

Control #:

LA-PB-023

Format:

Instant download

Description

This is a Motion and accompanying Order seeking to revoke the probation because the probationer has violated the terms of his probation

Title: New Orleans Louisiana Motion and Order for Hearing to Revoke Probation: A Comprehensive Overview Keywords: New Orleans Louisiana, motion for hearing, order for hearing, revoke probation Introduction: In the legal landscape of New Orleans, Louisiana, a Motion and Order for Hearing to Revoke Probation plays a crucial role in the criminal justice system. This detailed description aims to provide a comprehensive overview of what this motion entails and its significance in the context of probation. Additionally, this article will touch upon different types of motions related to probation revocation that are applicable in New Orleans, Louisiana. 1. Understanding Motion for Hearing to Revoke Probation: A Motion for Hearing to Revoke Probation is a formal, written request filed by either the probation officer, prosecutor, or defendant's attorney to initiate a judicial review of an individual's probation status. This motion seeks to revoke the probation grant due to alleged violations or failure to comply with the imposed conditions. 2. Importance of Order for Hearing: Upon filing a Motion for Hearing to Revoke Probation, the court, upon review, issues an Order for Hearing. The Order for Hearing sets a specific date and time for the probationer to appear before the court and present evidence concerning the alleged probation violations. 3. Key Elements of a Motion for Hearing: — Description of the probationer: The motion should include the defendant's critical details such as name, address, date of birth, and probation case number. — Detailed allegations: The motion must outline the specific violations or reasons why the probationer should be held in violation of their probation terms. — Supporting evidence: The motion should include any evidence, such as witness statements, records, or documents, that substantiate the allegations made against the probationer. — Requested relief: The motion should clearly state the desired outcome, i.e., the revocation of probation and any accompanying sentences or penalties. 4. Different Types of Motions for Hearing to Revoke Probation: While the Motion and Order for Hearing to Revoke Probation is a general term, there can be different types of motions filed based on the violation or circumstances of the probationer's case. Some commonly encountered motions include: — Motion for Technical Violations: Filed when a probationer fails to comply with non-criminal conditions, such as missed appointments, failed drug tests, or not fulfilling community service requirements. — Motion for New Criminal Offenses: Filed when a probationer is charged or convicted of a new crime while serving probation. — Motion for Substantive Violations: Filed when a probationer engages in conduct constituting a substantial breach of their probation terms, such as committing a serious offense or repeated minor violations. Conclusion: In New Orleans, Louisiana, a Motion and Order for Hearing to Revoke Probation holds great significance in evaluating a probationer's adherence to their imposed terms and conditions. By highlighting the critical aspects of this motion, including its purpose, key elements, and various types based on violations, this article aims to provide a comprehensive understanding of the legal process involved in probation revocation in New Orleans, Louisiana.

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Substantive Violations: The maximum punishment for misdemeanors includes revoking your probation for 2 years. Additionally, you will serve these 2 years in jail. On the other hand, for felonies, you must serve the remainder of your probation period in jail.

Of the many punishments that are commonly given to those who violate probation in Indiana, some include: Added jail or longer probation for your previous sentence. A return to prison for the remainder of your probation. The punishment for your original offense can be upgraded to the maximum penalty.

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.

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.

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

The short answer is: Yes.

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.

According to LA Code Crim Pro 899, the court may issue an arrest warrant for an individual at any time during their probation for violation or threatened violation of the conditions of their probation. Once arrested, the individual can be placed in the custody of the court or assigned to a detention facility.

The probation officer will file a motion to revoke probation with the court. If a judge thinks that there is probable cause to believe that there was a violation, he or she will issue a bench warrant. Similar to an arrest warrant, when law enforcement find the probationer, they will make an arrest.

If you don't follow your probation conditions, your probation officer is required by the court to take action. This action may include: Requesting a warrant for your arrest. The judge requiring you to come back to court to add more conditions to your probation.

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Obtain a background check from Louisiana State Police or the Clerk of Court. If the abuser does not show up for the hearing, the judge may still grant you a long-term protective order, or the judge may order a new hearing date.To locate forms which are not available here, consult the website of the Jefferson Parish Library. There is no hearing and judges do not accept any excuses (e. United States. Congress. Senate. Committee on the Judiciary.

S. Rep. No. 469, 89th Cong., 2d Less. (1968); see United States. Senate. Committee on the Judiciary. Hearings before the Committee on the Judiciary on the Bill to Amend the Federal Victim Protection Act of 1984, S. Rep. No. 2907, 89th Cong., 2d Less. (Jan. 16, 1985). If the judge believes the abuser is able to attend a hearing, the judge must appoint a time and place for the hearing. It may be possible for you to file a motion for a protective order. You must be able to show in a court record that the abuser is dangerous to you and/or the children and that you are currently in an emergency situation. You may file a motion for a protective order with the Clerk of Court's office and tell him or her that you are in an emergency situation and require a protective order. If you use the clerk's office, notify the clerk's office at least 30 days before your hearing date and a copy of the motion must be included.

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The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.

New Orleans Louisiana Motion and Order for Hearing to Revoke Probation

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What is a Motion and Order for Hearing to Revoke Probation?

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