by admin | May 13, 2021 | Crimianl Procedure, Louisiana
There are four kinds of pleas to the indictment at the arraignment:(1) Guilty;(2) Not guilty;(3) Not guilty and not guilty by reason of insanity; or(4) Nolo contendere, which plea a court may in its discretion accept only if the offense charged is not a capital...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. Subject to the provisions of Paragraph D, at arraignment and upon verified motion of the railroad employer of an employee-defendant charged with a violation of a parish or municipal ordinance, the railroad employer shall be substituted as defendant in the...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A. The arraignment consists of the reading of the indictment to the defendant by the clerk in open court, and the court calling upon the defendant to plead. Reading of the indictment may be waived by the defendant at the discretion and with the permission of the...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The court shall order the defendant discharged from custody or bail, as to that charge, when it sustains a motion to quash based upon the ground that:(1) The offense is not punishable under a valid statute;(2) Trial for the offense charged would constitute double...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
All issues, whether of law or fact, that arise on a motion to quash shall be tried by the court without a jury.La. Cr.P. ยง 537
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A motion to quash shall be in writing, signed by the defendant or his attorney, and filed in open court or in the office of the clerk of court. It shall specify distinctly the grounds on which it is based. The court shall hear no objection based on grounds not stated...
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