Motion To Quash Guidance

Summary

In Louisiana, to file a motion to quash for domestic abuse charges, you can argue lack of evidence or procedural errors. If the arresting agency refuses to turn over evidence, it could be grounds for a motion. Consider hiring another attorney if your current one is inactive. When drafting the motion, include an introduction with your name, case number, and court details. Provide background on the charges and case status. Highlight legal grounds such as lack of evidence and procedural errors. Conclude by requesting the court to quash the charges. Consider seeking legal advice for personalized guidance.

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I need advice on a motion to quash for domestic abuse in louisiana
Hi ****! To provide better guidance, could you specify if you are the one filing the motion to quash or if you are responding to one? Additionally, any specific details about the case would be helpful.
I will be filing. The arresting agency refuses to turn over all evidence, my attorney does not file motions that they claim they will file. I am innocent. The alleged victim quit responding over a year ago.
In Louisiana, to file a motion to quash, you can argue lack of evidence or procedural errors. Given your situation:
- The arresting agency's refusal to turn over evidence could be grounds for a motion.
- Your attorney's inactivity is concerning. You might consider hiring another attorney or seeking assistance from the Louisiana Bar Association.
Would you like more information on how to proceed with the motion?
I'm inyes
It sounds like you have a strong potential case for a motion to quash, especially with the issues of evidence withholding and attorney inactivity.
Would you like guidance on how to draft the motion to quash, or are you looking for information on obtaining a new attorney?
Yes
For drafting a motion to quash in Louisiana, you can argue that the arresting agency's refusal to turn over evidence violates your rights to a fair trial. Here are some key points:
- Lack of Evidence: Clearly state how the evidence is crucial to your defense.
- Procedural Errors: Highlight any legal procedures not followed by the arresting agency.
Would you like more information on finding a new attorney or on drafting the motion?
Yes on drafting the motion
To draft a motion to quash in Louisiana, you should include the following key points:
*. Introduction: State your name, the case number, and the court where the case is being heard.
*. Background: Briefly describe the charges against you and the current status of the case.
*. Legal Grounds:
- Lack of Evidence: Detail how the arresting agency’s refusal to provide evidence hinders your ability to prepare a defense.
- Procedural Errors: Specify any violations of legal procedures by the arresting agency.
*. Conclusion: Request the court to quash the charges due to the reasons outlined.
Would you like a template for the motion or additional assistance on any specific section?