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From course:

Rule 117 - Motion to Quash

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Question:

What is the effect of sustaining the motion to quash? (Sec. 5)

Author: Ben Benitez



Answer:

GR: The court may order that another complaint or information be filed. EXC: Sec. 6 of this rule. GR: If the order is made, the accused, if in custody, shall NOT be discharged. EXC: Unless he is admitted to bail. If NO order is made or if having been made, no new informaiton is filed within the time specified in the order or within such further time as the court may allow for good cause - GR: The accused, if in custody, shall be discharged. EXC: Unless he is also in custody for another charge.


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