What is a motion to quash in criminal defense law?

A motion to quash in criminal defense law is a legal request for a judge to throw out (quash) an action taken by the prosecution, such as a warrant, an indictment, or an arrest. In Texas, when a motion to quash is granted, it means that the prosecution must discontinue any further action in the case. A motion to quash may be filed when the prosecution attempts to use illegally obtained evidence that was seized without a warrant, when evidence has been obtained through a violation of the defendant’s constitutional rights, or for any other reason that the defense attorney feels is relevant to the case. When filing a motion to quash, the defense attorney must provide clear and convincing evidence to the judge as to why the motion should be granted. This evidence may include examination of witnesses, the presentation of detailed arguments, or other methods. The judge hears the motion to quash at a hearing and they will issue a decision as to whether the motion is granted or denied. If the motion is granted, the prosecution must drop the underlying action and the defendant may have a stronger case as a result.

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What is a motion to quash in criminal defense law?

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