Mecklenburg North Carolina Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute

Category:
State:
Multi-State
County:
Mecklenburg
Control #:
US-01851BG
Format:
Word; 
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Description

This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A motion to quash, dismiss, or set aside criminal charges for failure to prosecute in Mecklenburg North Carolina is a legal petition that requests the court to dismiss criminal charges brought against a defendant due to the failure of the prosecution to move forward with the case. In such situations, the defendant argues that their constitutional right to a speedy trial has been violated, and therefore, the charges should be dismissed. The Mecklenburg North Carolina motion to quash, dismiss, or set aside criminal charges for failure to prosecute serves as a powerful tool for defendants who have been left in a state of limbo, waiting for their case to move forward without any progress from the prosecution. By filing this motion, defendants can assert their rights and potentially have the charges against them dropped. There may be different types of Mecklenburg North Carolina motions to quash, dismiss, or set aside criminal charges for failure to prosecute, including: 1. Motion to Quash: This type of motion is typically filed when the defendant believes that there are legal flaws or deficiencies in the charges brought against them and seeks to have those charges declared invalid by the court. 2. Motion to Dismiss: This motion is filed when the defendant maintains that the prosecution has failed to meet its obligations to advance the case or provide substantial evidence. The defendant argues that this lack of progress has resulted in unnecessary delay and a violation of their right to a speedy trial. 3. Motion to Set Aside: A motion to set aside is often filed when new evidence surfaces, suggesting innocence or demonstrating serious procedural errors by the prosecution. The defendant requests the court to nullify the charges and reopen the case to consider the newly discovered information. 4. Motion for Failure to Prosecute: This specific motion asserts that the prosecution has negligently or intentionally failed to proceed with the case, causing undue delay and prejudice to the defendant's rights. It highlights the prosecutor's duty to actively pursue the case and seeks dismissal on those grounds. To successfully argue a Mecklenburg North Carolina motion to quash, dismiss, or set aside criminal charges for failure to prosecute, it is essential to provide supporting evidence, legal precedents, and a strong argument demonstrating the violations of the defendant's rights. Experienced criminal defense attorneys can guide defendants through the complex procedure, ensuring a thorough and effective presentation of their case to the court.

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FAQ

The cost to file this expunction is $175.00, which must be paid to the clerk of court at the time of filing.

Generally, you can have one non-violent felony or one non-violent misdemeanor expunged from your record. But in certain cases, more than one expungement can be approved. Additionally, violent felonies, violent misdemeanors, and certain drug crimes are not eligible for expungement at all.

What does the NC Second Chance Act do? The Second Chance Act provides that charges which result in a not guilty verdict or dismissal without leave will automatically get expunged by operation of law. The Act does not address the method for the process for the automatic expungements.

The cost to file this expunction is $175.00, which must be paid to the clerk of court at the time of filing.

To expunge a criminal record in North Carolina, you must file your petition at the county courthouse where you were charged. You must fill out the specific AOC form that applies to you. The forms are based on your age, charge and outcome of the case, among other things.

Generally, you can have one non-violent felony or one non-violent misdemeanor expunged from your record. But in certain cases, more than one expungement can be approved. Additionally, violent felonies, violent misdemeanors, and certain drug crimes are not eligible for expungement at all.

How long does the expungement process take in NC? Regardless of the charge, the expungement process typically takes between 9 12 months in North Carolina.

The most important components of the change are detailed below: Misdemeanor convictions can now be expunged after 5 years instead of 15. Felony convictions can now be expunged after 10 years instead of 15. There is no more limit on how many dismissals can be expunged.

The Seven Year Rule Under federal law, the consumer reporting agencies cannot report an arrest that is over seven years old. However, they may report a conviction no matter how old it is.

Clinics are located in many NC counties. If you do not see a clinic in your city or county, please check the surrounding counties in your area. You can also call the Legal Aid Helpline directly at 866-219-5262, because Legal Aid assists with some expungement cases if you qualify for additional services.

More info

Why does the DA's Office dismiss charges? That the court can make a legally binding decision in a case.​How can I get my criminal record expunged for free? There is no fee to expunge straight dismissals, that did not involve deferred prosecution.

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Mecklenburg North Carolina Motion to Quash, Dismiss, or Set Aside Criminal Charges for Failure to Prosecute