Fill and Sign the Motion Suppress 497309009 Form

DOCKET NO. ______ ______ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF ______ STATE OF LOUISIANA STATE OF LOUISIANA VS ______________ MOTION TO QUASH AND/OR SUPPRESS EVIDENCE NOW INTO COURT, through the undersigned counsel, comes the defendant in the above numbered and entitled cause, who moves to quash the Bill of Information filed in the above captioned case, to-wit: 1. BASED UPON INFORMATION AND BELIEF, the Bill of Information alleges, in addition to the charge of ______________ on the date therein charged in the instant offense, on or about the ___ day of ______ 20 ___ : ________ Offense That the defendant was arrested for and did commit a ______________ on a prior occasion within ___ years of that offense, namely on ______ ___ , 20 ___ , in ______________ , ______ , under Docket No. ______ , which allegedly resulted in a guilty plea before Judge ______________ , which shall hereinafter be referred to as the A ______ Offense. @ ________ Offense That the defendant was arrested for and did commit a ______________ on a prior occasion within ___ years of that offense, namely on ______ ___ , 20 ___ , in ______________ , ______ , under Docket No. ______ , which allegedly resulted in a plea of guilty before City Magistrate ______________ , which shall be hereinafter referred to as the A ______ Offense. @ II. FOR THE FOLLOWING REASONS AS SET FORTH HEREIN BELOW, THE BILL OF INFORMATION SHOULD BE QUASHED AND/OR SUCH EVIDENCE SUPPRESSED AND/OR RULED INADMISSABLE: In regards to both the ______ and the ______ offenses, no certified minutes have been provided by either Jurisdiction, which prove: III. That the Trial Judge adequately assured that the defendant understood and knowingly, intelligently and voluntarily waived those rights to trial, right to remain silent and right against self-incrimination, right to compulsory process, right to confront and cross-examine witness and other legal rights. IV. That the Trial Judge, at the time of the plea was entered, had a colloquy with the defendant which specifically informed the defendant of his rights and that the defendant did knowingly, intelligently and voluntarily waive such rights. Further, the minutes of court do not indicate whether the Trial Judge made adequate inquiry, or any inquiry, as to the competence and understanding of the defendant. There is no indication in the court minutes that the Trial Judge made inquiry of educational background of the defendant, whether or not he could read, write, whether he had taken or consumed any alcohol or taken any drugs which would, in any way, impair the defendant from understanding the proceedings, and/or knowingly and intelligently waiving his constitutional and legal rights, or impairing his ability to make important decisions at that time in the courtroom. V. That the court determined the literacy, competence, understanding and violation of defendant, pursuant to State v. LaFleur, 391 So.2d 445 (La. 1980). VI That the trial court had any colloquy to determine whether any person had made any promises, threats or inducements to the defendant to get the defendant to enter the plea. VII. That the court complied with the mandatory provisions of La.C.Cr. Procedure Article 894.1(C) to determine a factual basis for the plea and imposition of sentence. WHEREFORE, the Bill of Information filed in the above-captioned case should be quashed insofar as it includes the above described plea and sentence, and/or that the prior conviction of the defendant be suppressed as evidence against defendant, and that no amendment to the Bill of Information be allowed which utilizes any prior conviction or plea the reasons set forth hereinabove. Respectfully Submitted, ____________________________ ______________ Attorney for Defendant ______________ ______ , LA ______ ( ___ ) ______ CERTIFICATE I HEREBY CERTIFY that the above and foregoing has been forwarded by U.S. mail to the State of Louisiana, through the Office of the District Attorney, ______ Parish, Louisiana, by placing a copy of same in the mail, postage prepaid and properly addressed. __________________________ ______________ DOCKET NO. ______ ______ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF ______ STATE OF LOUISIANA STATE OF LOUISIANA VS ______________ ORDER Considering the foregoing Motion: IT IS ORDERED that the State of Louisiana show cause on the _____ day of _______________ 20 ___ , at ________ o = clock _____.M., why said Motion should not be granted. THUS DONE AND SIGNED this _____ day of ____________ 20 ___ , at ______________ , Louisiana. ___________________________ DISTRICT JUDGE