by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The period of limitation established by Article 582 shall be interrupted by any of the causes stated in Article 579. Where such interruption occurs, the state must commence the new trial within one year from the date the cause of interruption no longer exists.La....
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
When a defendant obtains a new trial or there is a mistrial, the state must commence the second trial within one year from the date the new trial is granted, or the mistrial is ordered, or within the period established by Article 578, whichever is longer.La. Cr.P. ยง...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Upon the expiration of the limitations established by this Chapter, the court shall, upon motion of the defendant, dismiss the indictment. This right of dismissal is waived unless the motion to quash is made prior to trial.If the indictment is dismissed under this...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. When a defendant files a motion to quash or other preliminary plea, the running of the periods of limitation established by Article 578 shall be suspended until the ruling of the court thereon; but in no case shall the state have less than one year after the ruling...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. The period of limitation established by Article 578 shall be interrupted if: (1) The defendant at any time, with the purpose to avoid detection, apprehension, or prosecution, flees from the state, is outside the state, or is absent from his usual place of abode...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. Except as otherwise provided in this Chapter, no trial shall be commenced nor any bail obligation be enforceable: (1) In capital cases after three years from the date of institution of the prosecution;(2) In other felony cases after two years from the date of...
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