Phoenix Arizona Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

Name: Phoenix Arizona 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

City:

Phoenix

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

Under ARS 13-905, except for certain disqualified convictions, after you have completed your sentence, then you may file an application with a judge to have your conviction set aside. You can apply even if you have multiple felony or misdemeanor convictions on your record.

A case dismissed with a PC 1381 Motion is a demand to go to trial by someone who has been sentenced to imprisonment for 90 days or more. For example, if a person has been sentenced to prison for 16 months, and a new case is filed against them while they are in prison, they can make a 1381 Motion to be brought to trial.

Arizona Governor, Doug Ducey, recently amended the Arizona Revised Statute to allow individuals with certain criminal convictions to ?set aside? these prior convictions and receive a Certificate of Second Chance from the Court.

PC 1368 allows a judge to suspend proceedings if a defendant's mental competency is questioned. For that reason, California Penal Code 1368 PC provides a legal process by which judges can suspend criminal proceedings against a defendant if their mental competency is questioned.

A Certificate of Second Chance grants the opportunity to obtain an occupational license, provides protections to employers for hiring or contracting with ex-offenders, and provides protections to a person or entity providing housing to an ex-offender.

Misdemeanor Set Aside Misdemeanor Set AsideOur Law FirmTypical Law FirmPrice$1,000.00$1,200.00Money-Back Guarantee50%NoPayment PlansYesNoLow-Price GuaranteeYesNo3 more rows

How long does the Arizona setting aside process take? Typically, it takes about 3 to 4 months to expunge an Arizona record.

Applicants eligible for this ?setting aside? process includes: Persons previously convicted of misdemeanors. Persons previously convicted of class 4, 5, or 6 felonies, if at least two years has passed since fulfilling the sentence or probation requirements.

To request that your DUI conviction be set aside, you will need to file a petition to set aside. The specific application you need to fill out depends on whether you were convicted in a county, justice, city, or magistrate court.

California Penal Code 1382 PC Penal Code 1382 PC is the statute requiring criminal trials to begin within a certain time frame after the arraignment. If charged with a misdemeanor crime, the time frame to appear in court is 30 or 45 days.

Phoenix Arizona Motion to Quash, Dismiss, or Set Aside Indictment for Failure to Prosecute

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