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Motion To Dismiss Guide
Summary
In Oklahoma, if a defendant is not brought before a magistrate without unnecessary delay, it may lead to a motion to dismiss. The Fourth Amendment requires a probable cause determination within 48 hours of arrest. If this is not met, it could be argued as a violation of rights. Both state and federal legal requirements can be combined in a single motion to strengthen the case. If successful, this could result in the suppression of evidence or dismissal of charges. Consider consulting a local attorney for guidance on drafting and filing the motion.Full Conversation
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in a criminal case if i file and motion for this what will happen * Okl.St.Ann. § *
§ *. Delay in taking before magistrate not permitted
Currentness
The defendant must, in all cases, be taken before the magistrate without unnecessary delay.
Credits
R.L.*, § *.
* Okl. St. Ann. § *, OK ST T. * § *
Current with legislation of the Second Regular Session of the 59th Legislature (*). Some sections may be more current
If you file a motion based on * Okl.St.Ann. § *, you are arguing that there was an unnecessary delay in being taken before a magistrate. If successful, this could potentially lead to evidence being suppressed or the case being dismissed.
Do you believe there was an unnecessary delay in your case?
Do you believe there was an unnecessary delay in your case?
yes it has been 7 days before seeing a judge
Case Rating: *
Thanks for the information. Here’s a bit more on * Okl.St.Ann. § *:
- The defendant must be taken before a magistrate without unnecessary delay.
- If delayed, it might result in suppression of evidence or dismissal of the case.
Would you like more information on how to file this motion?
Thanks for the information. Here’s a bit more on * Okl.St.Ann. § *:
- The defendant must be taken before a magistrate without unnecessary delay.
- If delayed, it might result in suppression of evidence or dismissal of the case.
Would you like more information on how to file this motion?
if this motion is filed how long will it take the court to rule
Case Rating: *
The time it takes for a court to rule on a motion can vary based on the court's schedule, the specifics of the case, and the jurisdiction. Typically, it can take anywhere from a few weeks to a few months.
Is there any other specific information you need regarding your case?
The time it takes for a court to rule on a motion can vary based on the court's schedule, the specifics of the case, and the jurisdiction. Typically, it can take anywhere from a few weeks to a few months.
Is there any other specific information you need regarding your case?
can this be filed at court arraignment
Case Rating: *
Yes, a motion can be filed during a court arraignment. It is essential to present any motions as soon as possible to ensure that your concerns are addressed promptly.
Would you like more information on the process of filing a motion during arraignment?
Yes, a motion can be filed during a court arraignment. It is essential to present any motions as soon as possible to ensure that your concerns are addressed promptly.
Would you like more information on the process of filing a motion during arraignment?
yes
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
Would you like to be connected to local lawyers who can better assist you with your case?
no
Case Rating: *
To file a motion during arraignment, you typically need to:
- Draft the motion, explaining the delay and its impact on your case.
- Submit the motion to the court and serve it to the prosecution.
- Attend the arraignment and present the motion to the judge.
Feel free to ask if you need more details!
To file a motion during arraignment, you typically need to:
- Draft the motion, explaining the delay and its impact on your case.
- Submit the motion to the court and serve it to the prosecution.
- Attend the arraignment and present the motion to the judge.
Feel free to ask if you need more details!
what is a bond hearing
Case Rating: *
A bond hearing is a court proceeding where a judge determines whether a defendant can be released from custody before trial and under what conditions. During the hearing, factors like the nature of the charges, the defendant's criminal history, and flight risk are considered.
Do you have any specific questions about bond hearings in Oklahoma?
A bond hearing is a court proceeding where a judge determines whether a defendant can be released from custody before trial and under what conditions. During the hearing, factors like the nature of the charges, the defendant's criminal history, and flight risk are considered.
Do you have any specific questions about bond hearings in Oklahoma?
would a bond hearing exempt a person for a speedy trial
Case Rating: *
A bond hearing does not exempt a person from their right to a speedy trial. The right to a speedy trial is protected under the Sixth Amendment and remains regardless of bond status.
Would you like to know more about the process of requesting a speedy trial in Oklahoma?
A bond hearing does not exempt a person from their right to a speedy trial. The right to a speedy trial is protected under the Sixth Amendment and remains regardless of bond status.
Would you like to know more about the process of requesting a speedy trial in Oklahoma?
would a bond hearing exempt a person from * Okl.St.Ann. § *
§ *. Delay in taking before magistrate not permitted
Currentness
The defendant must, in all cases, be taken before the magistrate without unnecessary delay.
Credits
R.L.*, § *.
* Okl. St. Ann. § *, OK ST T. * § *
Current with legislation of the Second Regular Session of the 59th Legislature (*). Some sections may be more current
Case Rating: *
A bond hearing does not exempt a person from * Okl.St.Ann. § *. The requirement to take a defendant before a magistrate without unnecessary delay remains in effect regardless of bond status.
Is there anything else you would like to know regarding your case?
A bond hearing does not exempt a person from * Okl.St.Ann. § *. The requirement to take a defendant before a magistrate without unnecessary delay remains in effect regardless of bond status.
Is there anything else you would like to know regarding your case?
when this motion is filed do the judge rule on it, at that time
Case Rating: *
The judge typically does not rule on a motion at the time it is filed. The court will review the motion, and a hearing may be scheduled to address it. The time frame can vary depending on the court's schedule.
Is there anything else you need help with?
The judge typically does not rule on a motion at the time it is filed. The court will review the motion, and a hearing may be scheduled to address it. The time frame can vary depending on the court's schedule.
Is there anything else you need help with?
what is this in oklahoma R.L.*, § *.
Case Rating: *
R.L.*, § * is the historical reference for * Okl.St.Ann. § *. This statute states that a defendant must be taken before a magistrate without unnecessary delay. If there is a delay, it could affect the admissibility of evidence or the validity of the charges.
Do you need more information on how to draft and file a motion based on this statute?
R.L.*, § * is the historical reference for * Okl.St.Ann. § *. This statute states that a defendant must be taken before a magistrate without unnecessary delay. If there is a delay, it could affect the admissibility of evidence or the validity of the charges.
Do you need more information on how to draft and file a motion based on this statute?
how long is unnecessary delay
Case Rating: *
The term "unnecessary delay" is not precisely defined and is determined on a case-by-case basis. Factors include the reason for the delay, the length of the delay, and its impact on the defendant’s rights. Generally, any delay that seems unreasonable or unjustified may qualify as unnecessary. If you need more specifics, consulting a local attorney could provide clearer guidance.
The term "unnecessary delay" is not precisely defined and is determined on a case-by-case basis. Factors include the reason for the delay, the length of the delay, and its impact on the defendant’s rights. Generally, any delay that seems unreasonable or unjustified may qualify as unnecessary. If you need more specifics, consulting a local attorney could provide clearer guidance.
prompt judicial determination how long is this
Case Rating: *
A "prompt judicial determination" generally implies that the court should make a decision as quickly as possible, considering the circumstances. However, the exact time frame can vary based on the court's workload, the complexity of the case, and other factors. Typically, it could take anywhere from a few days to a few weeks.
Do you need further details on this?
A "prompt judicial determination" generally implies that the court should make a decision as quickly as possible, considering the circumstances. However, the exact time frame can vary based on the court's workload, the complexity of the case, and other factors. Typically, it could take anywhere from a few days to a few weeks.
Do you need further details on this?
if a person is arrested without a warrant how long do he have to see a judge
Case Rating: *
In Oklahoma, if a person is arrested without a warrant, they must be taken before a judge "without unnecessary delay." Generally, this means within * hours of arrest.
Would you like any additional information on this topic?
In Oklahoma, if a person is arrested without a warrant, they must be taken before a judge "without unnecessary delay." Generally, this means within * hours of arrest.
Would you like any additional information on this topic?
yes
Case Rating: *
What specific information about being taken before a judge within * hours do you need?
What specific information about being taken before a judge within * hours do you need?
what happens if your not before a judge in * hours
Case Rating: *
If a defendant is not brought before a judge within * hours of arrest in Oklahoma, it could be considered an "unnecessary delay." This might lead to:
- Potential suppression of evidence obtained during the delay.
- Possible dismissal of the charges.
Would you like more details on the steps to address this issue?
If a defendant is not brought before a judge within * hours of arrest in Oklahoma, it could be considered an "unnecessary delay." This might lead to:
- Potential suppression of evidence obtained during the delay.
- Possible dismissal of the charges.
Would you like more details on the steps to address this issue?
would a bond hearing affect this
Case Rating: *
A bond hearing would not affect the requirement to be taken before a magistrate without unnecessary delay. If there is a delay beyond * hours, it can still be argued as unnecessary, regardless of the bond hearing.
Would you like more details on how to address an unnecessary delay in your case?
A bond hearing would not affect the requirement to be taken before a magistrate without unnecessary delay. If there is a delay beyond * hours, it can still be argued as unnecessary, regardless of the bond hearing.
Would you like more details on how to address an unnecessary delay in your case?
what type of motion would be filed if * hours have passed
Case Rating: *
You can file a Motion to Dismiss based on the "unnecessary delay" in taking you before a magistrate, as per * Okl.St.Ann. § *. This motion argues that your rights were violated due to the delay.
Is there any other specific information you need regarding filing this motion?
You can file a Motion to Dismiss based on the "unnecessary delay" in taking you before a magistrate, as per * Okl.St.Ann. § *. This motion argues that your rights were violated due to the delay.
Is there any other specific information you need regarding filing this motion?
would i have to argue this or just file this motion
Case Rating: *
You would need to file the motion and be prepared to argue it in court. The judge will review the motion and may schedule a hearing where you will need to present your arguments.
Would you like more details on how to prepare and present your arguments for this motion?
You would need to file the motion and be prepared to argue it in court. The judge will review the motion and may schedule a hearing where you will need to present your arguments.
Would you like more details on how to prepare and present your arguments for this motion?
list all arguments for this motion
Case Rating: *
Here are some arguments you might consider when filing a Motion to Dismiss based on an unnecessary delay under * Okl.St.Ann. § *:
*. Violation of Statutory Rights:
- The statute explicitly states that a defendant must be taken before a magistrate without unnecessary delay.
*. Length of Delay:
- The delay of 7 days far exceeds the typical acceptable period (* hours), which could be deemed unreasonable.
*. Impact on Fair Trial:
- The delay may have hindered your ability to prepare an adequate defense, access legal counsel, and gather evidence.
*. No Justifiable Reason:
- Argue that there was no valid or justifiable reason for the delay.
*. Precedent Cases:
- Cite previous cases where similar delays led to suppression of evidence or dismissal of charges.
*. Suppression of Evidence:
- Any evidence obtained during the period of delay should be deemed inadmissible in court.
Would you like more detailed information on any of these points?
Here are some arguments you might consider when filing a Motion to Dismiss based on an unnecessary delay under * Okl.St.Ann. § *:
*. Violation of Statutory Rights:
- The statute explicitly states that a defendant must be taken before a magistrate without unnecessary delay.
*. Length of Delay:
- The delay of 7 days far exceeds the typical acceptable period (* hours), which could be deemed unreasonable.
*. Impact on Fair Trial:
- The delay may have hindered your ability to prepare an adequate defense, access legal counsel, and gather evidence.
*. No Justifiable Reason:
- Argue that there was no valid or justifiable reason for the delay.
*. Precedent Cases:
- Cite previous cases where similar delays led to suppression of evidence or dismissal of charges.
*. Suppression of Evidence:
- Any evidence obtained during the period of delay should be deemed inadmissible in court.
Would you like more detailed information on any of these points?
if a person has only been to arraignment would it be considered he has not been brought to a judge
Case Rating: *
An arraignment is when a defendant is formally charged and brought before a judge, so if a person has been arraigned, they have indeed been brought before a judge.
Is there anything specific you need to know about the arraignment process or subsequent steps in your case?
An arraignment is when a defendant is formally charged and brought before a judge, so if a person has been arraigned, they have indeed been brought before a judge.
Is there anything specific you need to know about the arraignment process or subsequent steps in your case?
what about only having arraignments under this The Fourth Amendment requires persons arrested without a warrant to be promptly brought before a neutral magistrate for a judicial determination of probable cause . There is no mandated time frame for the prompt judicial determination. Promptness merely requires the judicial determination to be made without unreasonable delay. A judicial determination made within * hours after the arrest is presumably prompt, unless the person under arrest demonstrates unreasonable delay. If the determination is not made within * hours, the government bears the burden to demonstrate extraordinary circumstances to justify the delay.
Case Rating: *
The Fourth Amendment's requirement for a judicial determination of probable cause within * hours is a crucial aspect of ensuring fairness in the judicial process. If a person is only arraigned and not given a probable cause determination within that timeframe, it could potentially be argued as a violation.
Would you like more information on how to address this issue in your case?
The Fourth Amendment's requirement for a judicial determination of probable cause within * hours is a crucial aspect of ensuring fairness in the judicial process. If a person is only arraigned and not given a probable cause determination within that timeframe, it could potentially be argued as a violation.
Would you like more information on how to address this issue in your case?
can you explain more
Case Rating: *
Sure! Here's a bit more detail:
- Arraignment vs. Probable Cause Determination: An arraignment is when you're formally charged and asked to enter a plea. A probable cause determination, required within * hours of arrest, assesses whether there's sufficient evidence for the charges.
- Violation of Rights: If probable cause isn't determined within * hours, it could be argued as an unreasonable delay, potentially violating your Fourth Amendment rights.
Do you have any specific questions about these points?
Sure! Here's a bit more detail:
- Arraignment vs. Probable Cause Determination: An arraignment is when you're formally charged and asked to enter a plea. A probable cause determination, required within * hours of arrest, assesses whether there's sufficient evidence for the charges.
- Violation of Rights: If probable cause isn't determined within * hours, it could be argued as an unreasonable delay, potentially violating your Fourth Amendment rights.
Do you have any specific questions about these points?
is this same motion or different * Okl.St.Ann. § *
§ *. Delay in taking before magistrate not permitted
Currentness
The defendant must, in all cases, be taken before the magistrate without unnecessary delay.
Credits
R.L.*, § *.
* Okl. St. Ann. § *, OK ST T. * § *
Current with legislation of the Second Regular Session of the 59th Legislature (*). Some sections may be more current
Case Rating: *
The motion under * Okl.St.Ann. § * relates to unnecessary delay in being taken before a magistrate, which can overlap with the Fourth Amendment's requirement for a prompt probable cause determination. Both address delays in judicial proceedings post-arrest.
Is there anything specific you want to know about filing either of these motions?
The motion under * Okl.St.Ann. § * relates to unnecessary delay in being taken before a magistrate, which can overlap with the Fourth Amendment's requirement for a prompt probable cause determination. Both address delays in judicial proceedings post-arrest.
Is there anything specific you want to know about filing either of these motions?
can both be used on a motion
Case Rating: *
Yes, both * Okl.St.Ann. § * and the Fourth Amendment arguments can be combined in a single motion. This could strengthen your case by addressing both state and federal legal requirements regarding timely judicial proceedings.
Is there anything else you need help with on this matter?
Yes, both * Okl.St.Ann. § * and the Fourth Amendment arguments can be combined in a single motion. This could strengthen your case by addressing both state and federal legal requirements regarding timely judicial proceedings.
Is there anything else you need help with on this matter?
can you create a motion with this The Defendant was arrested on February *.
*. The Defendant was bonded out on February *.
*. Under * Okl.St.Ann. § *, it is mandated that the defendant must be taken before the magistrate without unnecessary delay.
*. As of February *, it has been six days since the Defendant's arrest, and the Defendant has not been brought before a magistrate. and add this motion A probable cause determination, required within * hours of arrest, assesses whether there's sufficient evidence for the charges.
- Violation of Rights: If probable cause isn't determined within * hours, it could be argued as an unreasonable delay, potentially violating your Fourth Amendment rights
Case Rating: *
Here is a draft motion:
---
MOTION TO DISMISS FOR UNNECESSARY DELAY IN TAKING DEFENDANT BEFORE MAGISTRATE
COMES NOW, the Defendant, and hereby moves this Honorable Court to dismiss the charges against the Defendant for the following reasons:
*. The Defendant was arrested on February *.
*. The Defendant was bonded out on February *.
*. Under * Okl.St.Ann. § *, it is mandated that the defendant must be taken before the magistrate without unnecessary delay.
*. As of February *, it has been six days since the Defendant's arrest, and the Defendant has not been brought before a magistrate.
In addition, the Defendant asserts:
*. A probable cause determination, required within * hours of arrest, assesses whether there's sufficient evidence for the charges.
*. Violation of Rights: If probable cause isn't determined within * hours, it could be argued as an unreasonable delay, potentially violating the Defendant’s Fourth Amendment rights.
WHEREFORE, the Defendant respectfully requests this Court to:
- Dismiss the charges against the Defendant due to the unnecessary delay in taking the Defendant before a magistrate.
- Suppress any evidence obtained during the period of delay.
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
---
Would you like additional assistance with this motion?
Here is a draft motion:
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MOTION TO DISMISS FOR UNNECESSARY DELAY IN TAKING DEFENDANT BEFORE MAGISTRATE
COMES NOW, the Defendant, and hereby moves this Honorable Court to dismiss the charges against the Defendant for the following reasons:
*. The Defendant was arrested on February *.
*. The Defendant was bonded out on February *.
*. Under * Okl.St.Ann. § *, it is mandated that the defendant must be taken before the magistrate without unnecessary delay.
*. As of February *, it has been six days since the Defendant's arrest, and the Defendant has not been brought before a magistrate.
In addition, the Defendant asserts:
*. A probable cause determination, required within * hours of arrest, assesses whether there's sufficient evidence for the charges.
*. Violation of Rights: If probable cause isn't determined within * hours, it could be argued as an unreasonable delay, potentially violating the Defendant’s Fourth Amendment rights.
WHEREFORE, the Defendant respectfully requests this Court to:
- Dismiss the charges against the Defendant due to the unnecessary delay in taking the Defendant before a magistrate.
- Suppress any evidence obtained during the period of delay.
Respectfully submitted,
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
---
Would you like additional assistance with this motion?
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