Before abandoning the motion, there should be an inquiry into whether the ‘open file' discovery offered by the prosecution is, in fact, an open file and not just a ruse to avoid the bill of particulars. These motions should be filed by an attorney with experience bringing these matters before the Courts of Louisiana.Ī motion to quash can be made moot by the District Attorney providing open file discovery. These are complicated motions based on a complex understanding of the law. Motion to Quash (Duplicitous Charges or Double Jeopardy) is a motion filed if the prosecution is charging the defendant with multiple crimes arising out of one set of acts, or fully encompassed by one set of elements. Then, we follow up with a motion to quash based on the prosecution's inability to state evidence sufficient to charge the crime of prosecution. When presented with this unique scenario, we file a motion for bill of particulars to get the prosecutor to state the evidence, or lack of evidence, in the case against the defendant. Though it is difficult to imagine how the prosecution would proceed toward a criminal conviction without evidence, it happens. This motion is effective if there is a question of whether the facts presented by the prosecution could not meet the elements of the crime charged. Motion for Bill of Particulars is a motion that requires the prosecutor to state the facts upon which the defendant is being charged. It is impossible to list them all, but listed below are some motions regularly filed in criminal defense cases in Louisiana. Many are designed to challenge some of the procedures and processes ahead. There are several motions that your attorney can file during the pre-trial phase of a criminal defense matter. Below is an outline of the court process in Louisiana. State and federal prosecutions are different in some ways. With few exceptions, the following steps apply in every case we take at The Ambeau Law Firm. A judge will determine the outcome of each motion filed. The outcome of a motion can affect the trial, courtroom, defendants, evidence, or testimony. Pre-trial motions are tools the prosecutor and your defense attorney use to set the boundaries for trial. A motion is an application to the court made by the prosecution or defense attorney requesting the court to make a decision on a certain issue before the trial begins. Before trial, your criminal defense attorney and the prosecution will respond to or file various motions.
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