What is a Motion to Quash?
A motion to quash is a legal procedure that allows a defendant to challenge the findings of a lower court, often after a preliminary hearing. For instance, if you have a criminal case in Philadelphia and you believe that the Municipal Court improperly held certain charges for trial at your preliminary hearing, your attorney might be able to file this motion within ten (10) days.
A motion to quash must be accompanied by the notes of testimony from the lower court and a properly drafted legal argument. In Philadelphia, these motions are filed with the Court of Common Pleas, which may then hold a hearing to determine if the Municipal Court’s decision should be overturned or corrected.
Motions to quash can be used to quickly correct judicial errors, leading to speedier justice for a defendant. Quashing an error early in the legal process allows the defendant to avoid the more difficult and lengthy process of appealing their case later to higher courts, which might take years to resolve.
Am I Eligible to File a Motion to Quash?
A motion to quash may be filed if:
- You believe the lower court made an error;
- You are within the 10-day filing window;
- The case involves procedural or evidentiary issues that can be challenged.
Remember that every case is different, and it might not always be a good idea to file this type of motion. An experienced criminal defense attorney can discuss your case with you and help determine whether a motion to quash is appropriate under the circumstances.
How Does a Motion to Quash Work?
Once the motion is filed, the Court of Common Pleas may review the written motion, hear oral arguments in court, and decide if the Municipal Court or Magisterial District Court acted correctly. If successful, the charges could be reduced or dismissed, and the case might end there.
As an example, our firm recently dealt with a case in which our client was charged with possession of a firearm while he was in the hospital. Our client had been the victim of a gunshot and sought treatment for his injury, but during the police investigation of the incident, they went by our client’s car and claimed they saw a gun inside. The police also said they believed the weapon had a “switch” on it, which is a device that can make a firearm fully automatic. These devices are illegal in Pennsylvania without the appropriate license.
The described weapon was never recovered by the police, but despite this, our client was hit with charges while still in the hospital. We filed a motion to quash, arguing that the charges were baseless as the police had no proof. After reviewing the case and hearing arguments from both sides, the Court of Common Pleas agreed with our motion, dismissing the case entirely. This outcome was a huge victory for our client; he can now continue his recovery without worrying about criminal charges hanging over his head.
Do I Need a Lawyer for a Motion to Quash?
Filing (and arguing) a motion to quash requires extensive legal knowledge and a strong understanding of the facts at hand. An experienced criminal defense team can help you:
- Determine whether a motion to quash is appropriate for your case;
- Construct a compelling legal argument;
- Present your case to the judge and defend against the prosecutor’s arguments.
At Kenny, Burns & McGill, we have extensive experience filing motions to quash and fighting for our clients’ rights in court. If you believe an error has been made in your case, we are here to guide you through the process of correcting that error.
If you or a loved one needs help with a motion to quash, contact us today. We have the legal expertise and courtroom experience to fight for the best possible outcome in your case.
