Fairfax Virginia Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

Name: Fairfax Virginia Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute
Brand: US Legal Forms
Rating: 4.7 (487 reviews)

Category:

Criminal - Indictments

State:

Multi-State

County:

Fairfax

Control #:

US-02613BG

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Instant download

Description

The sixth amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. Although this right is derived from the federal Constitution, it has been made applicable to state criminal proceedings through the U.S. Supreme Court's interpretation of the due process and equal protection Clauses of the fourteenth amendment.

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Use district court form DC-370, NOTICE OF APPEAL CRIMINAL unless another writing is used. The appeal may be noted by delivery of the written notice in person to the clerk's office, or by mail, or by facsimile machine. The writing may be signed by either the defendant or their attorney.

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.

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.

§ 8.01-477. When executions may be quashed; how proceedings thereon stayed. A motion to quash an execution may, after reasonable notice to the adverse party, be heard and decided by the court which issued the execution.

When a defendant moves the court to strike out all of the evidence, upon any grounds, and such motion is overruled by the court, such defendant shall not thereafter be precluded from introducing evidence in his behalf.

If the court rules that the landlord has a proper basis to evict the tenant, the tenant has ten days to appeal this ruling. To appeal, the tenant must pay an appeal bond to the court at filing, which often includes all the money owed to the landlord plus up to one year's future rent (though, often it is a few months).

A civil litigant can petition the Supreme Court of Virginia for the right to appeal a decision of the Court of Appeals, but the Supreme Court will retain the discretion to grant or deny the petition.

Under Virginia law, one may file a demurrer, a special plea, a motion to dismiss, or a bill of particulars in lieu of an answer.

Requests for dismissal or non-suit of a pending case can be submitted by using the Request for Court Action Civil/Small Claims Division form, plaintiff's praecipe, endorsed order, or sufficient proof of the consent of all parties.

A court clerk or judge can issue a subpoena. Certain subpoenas are routine, such as witness subpoenas in civil and criminal cases, and can be issued without any hearing or judge's involvement.

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Prosecution for murder or manslaughter; passage of time not a limitation. Fails to improperly challenge a federal conviction or sentence under § 2241, the petition must be dismissed for lack of jurisdiction.Disclosure when grounds for dismissal. King County Prosecuting Attorney for filing in Superior Court. Chief judge are set out in Virginia Code §§ 16.1-69. Supreme Court of Virginia. Reading of the complete statute (plus any dictum set forth in the code) may help resolve a problem. Court decision setting aside a subpoena for the production of criminal records of prosecution witnesses. It quashed the High Court Judge's decision and held that he was wrong to set aside the contract.

Fairfax Virginia Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

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