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3 Cards in this Set
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- Back
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What is Criminal Code Procedure 703?
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Motion to suppress evidence. A defendant adversely affected may move to suppress evidence from use at trial on the merits on the ground that it was unconstitutionally obtained. Examples of this are statements made by the defendant if the officer failed to read him his Miranda rights or evidence that is seized without a search warrant.
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What is Criminal Code Procedure 707?
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Motion for continuance. Most common motion filed by an attorney. The longer the delay, the longer the defendant is not guilty. guilty. Memories fade and evidence gets lost. A motion for continuance shall be in writing and shall allege specifically the grounds for which it is based and, when made by a defendant, must be verified by his affidavit or that of his counsel. It shall be filed seven days prior to the commencement of trial. Upon written motion at any time and after contradictory hearing, the court may grant a continuance, but only upon showing that such motion is in the interest of justice.
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What is Criminal Code Procedure 727?
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Notice of alibi. Upon written demand of the DA stating the time, date, and place at which the alleged offence was committed, the defendant shall serve within 10 days, or at such time as the court may direct, upon the DA a written notice of his intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely and establish such alibi.
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