Q: How can I file a motion to quash an indictment in texas based on the police report was not filed in time

A: Quashing an indictment based on when a police report was filed is like changing the oil filter on a horse. It is a matter best left to the experts. Hire a local criminal defense attorney.

A: I am not sure the timeliness of filing a police report is sufficient grounds for filing a motion to quash an indictment,. Talking with an attorney may help. Good luck.

A: Please be more specific. There is actually no deadline for filing a "police report". What kind of police report are you talking about? There are "incident reports" which are usually filed whenever police officers have contact with members of the public. Incident reports are public records and can be requested through the police department. There is usually a small fee for copying, usually less than $5.

If the contact results in an arrest or a warrant being issued, the officer prepares an "offense report" which goes into that police department's file in the case. An offense report is not a public record and can usually only be seen by request of a defense lawyer after the charge has been filed or the defendant has been indicted.

There are other reports which police prepare, such as forensic reports, witness statements, etc. A motion to quash an indictment usually doesn't do a defendant much good even if it is granted. A motion to dismiss an indictment based on its being returned after the statute of limitations has run, for example, might actually win the case if it was granted. However, a motion to quash usually does not provide such sweeping relief.