What is a motion to quash in criminal defense law?

A motion to quash is a type of legal motion used in criminal defense law in Indiana. It is a request made to a court to refuse to accept or dismiss the proceedings of a criminal case. In other words, a motion to quash is a request for the court to end a case before it has proceeded any further. For example, if the prosecution has insufficient evidence to prove guilt beyond a reasonable doubt, the defense team may file a motion to quash. The motion can also be filed if the accused has been charged with the wrong crime, or if the charges were filed outside the statute of limitations. Ultimately, the judge decides whether or not to quash the charges. If the judge does so, the accused has a new lease on life and is essentially released from the jury trial. However, if the motion is denied, the judge will usually allow the case to proceed. In Indiana, the motion to quash must be made in a timely manner. That is, the motion must to be filed before any plea has been entered or the jury selection has been made. If the motion is made after those two steps have occurred, then the motion may be viewed as too late and may not even be heard by the court.

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What is a motion to quash in criminal defense law?

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