What is a motion to quash in criminal defense law?

A motion to quash in criminal defense law is a request to the court to dismiss or set aside a criminal charge. This request is usually filed before a criminal case is formally brought to court. In Maryland, this motion can be filed if the prosecutor does not have enough evidence to prove that a crime was committed, or if the evidence was gathered without a warrant or through illegal means. The motion to quash is based on the idea that a criminal charge should not be brought against someone unless there is enough evidence to suggest that they have committed a crime. The judge reviewing the motion must decide if the evidence presented by the prosecutor meets the legal standard required to move forward with the criminal charge. If the judge agrees that the evidence does not meet this standard, the motion to quash is granted and the criminal charge is dropped. In criminal defense law, the motion to quash can be a powerful tool to defend against criminal charges. Therefore, it is important for individuals to understand the legal basis and use of this motion when faced with criminal charges.

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