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NO. 416819132015 STATE OF TEXAS V. WARREN KENNETH PAXTON, JR. IN THE DISTRICT COURT 416th JUDICIAL DISTRICT COLLIN COUNTY, TEXAS MOTION TO QUASH INDICTMENT FOR FAILURE TO COMMENCE PROSECUTION WITHIN

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How to fill out motion to quash indictment

How to fill out a motion to quash indictment:

01

Begin by stating the title of the court, the case number, and the names of the parties involved.

02

Clearly state that you are filing a motion to quash the indictment. Provide a brief explanation of why you believe the indictment should be dismissed.

03

Include a detailed statement of the reasons why the indictment should be quashed. This can include lack of jurisdiction, violations of constitutional rights, or failure to present sufficient evidence, among other valid grounds.

04

Provide a legal argument supporting your claim for quashing the indictment. Cite relevant statutes, case law, or constitutional provisions that support your position. Be sure to explain how these legal principles apply to your specific case.

05

Attach any supporting documentation or evidence that strengthens your motion. This can include affidavits, expert opinions, or any other relevant materials.

06

If applicable, provide a proposed order for the court to sign if they grant your motion. This will help expedite the process if the court agrees with your arguments.

Who needs a motion to quash indictment?

01

Individuals who believe that the indictment against them is legally flawed or unjust may need to file a motion to quash. This can include defendants in criminal cases, as well as individuals facing civil penalties or administrative charges.

02

Attorneys representing clients who have been indicted also often file motions to quash as part of their defense strategy. It is important for attorneys to thoroughly review the indictment and assess its validity before deciding to file a motion.

03

It is worth noting that a motion to quash is not always guaranteed to succeed. The decision to grant or deny the motion rests with the judge, who will consider the arguments presented and the relevant legal principles.

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