A motion to quash indictment is a legal document filed by a defendant or their attorney in a criminal case in Philadelphia, Pennsylvania, seeking to dismiss the charges against them. This motion is based on various grounds, such as legal errors, constitutional violations, lack of jurisdiction, insufficiency of evidence, prosecutorial misconduct, or violation of the defendant's rights. In Philadelphia, Pennsylvania, there are different types of motions to quash indictment that can be filed, depending on the specific circumstances of the case. These include: 1. Lack of probable cause: This motion asserts that there is insufficient evidence or no reasonable grounds to support the criminal charges brought against the defendant. The defense argues that the indictment should be quashed because there is no probable cause to continue with the prosecution. 2. Violation of constitutional rights: This motion alleges that the defendant's rights protected by the United States Constitution or the Pennsylvania Constitution have been violated during the course of the indictment process. Examples could include Fourth Amendment violations such as illegal search and seizure or Fifth Amendment violations related to self-incrimination. 3. Jurisdictional defects: This motion challenges the court's authority or jurisdiction over the case. It argues that the court does not have the legal authority to hear the charges against the defendant, often citing issues with the territorial jurisdiction or improper venue. 4. Defects in the grand jury proceedings: This motion asserts that the grand jury proceedings, which led to the indictment, were flawed. It might argue that the grand jury was improperly instructed, biased, or presented inaccurate or misleading evidence that influenced their decision to indict. 5. Prosecutorial misconduct: This motion alleges that the prosecutor acted improperly, unethically, or unlawfully during the indictment process. It may argue that the prosecutor withheld evidence, coerced witnesses, or inappropriately influenced the grand jury's decision. 6. Double jeopardy: If the defendant has previously been tried or convicted for the same offense, this motion can be filed asserting that the subsequent indictment violates the defendant's protection against double jeopardy. It argues that the charges should be quashed based on the principle that a defendant cannot be tried twice for the same crime. It is important to note that each case is unique, and the specific grounds for filing a motion to quash indictment in Philadelphia, Pennsylvania, may vary depending on the facts and circumstances. Furthermore, it is highly recommended that individuals seek the guidance of an experienced defense attorney familiar with the local laws and court procedures to determine the most appropriate strategy for their case.
Philadelphia Pennsylvania Motion to Quash Indictment
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FAQ
If a court or someone in authority quashes a decision or judgment, they officially reject it. The Appeal Court has quashed the convictions of all eleven people.
If your defense attorney believes that the District Justice made the wrong decision, he can file a Motion to Quash which is also called a Petition for Writ of Habeas Corpus. This Motion to Quash argues that the district attorney failed to establish the necessary burden of proof and that the evidence was insufficient.
If the accused has been arrested, with or without warrant, he may file MOTION TO QUASH the arrest or to RECALL the same, on the ground that the same has been illegally made or that there is no probable cause.
If a court or someone in authority quashes a decision or judgment, they officially reject it. The Appeal Court has quashed the convictions of all eleven people. Synonyms: annul, overturn, reverse, cancel More Synonyms of quash. transitive verb.
So, what is a Motion to Quash? It is a request to a court to find that a lower court's decision was incorrect, and therefore that decision should be reversed or changed. Simplifying as much as possible, a Motion to Quash is like an appeal during your case instead of after the verdict.
To set aside; to void. As in "to quash a motion" or "quash evidence."
A motion to quash is timely if made before the date specified in the subpoena for compliance. In considering a motion to quash, the trial court may hold a hearing and, as necessary, entertain any relevant testimony.
Section 1. Time to move to quash. At any time before entering his plea, the accused may move to quash the complaint or information.
A motion to quash is the proper pleading to test the validity of a service of summons and complaint upon an entity that is not by its true or fictitious name made a party to an action.