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Oklahoma law allows a criminal defendant to file a Motion to Quash for insufficient evidence in felony cases after a preliminary hearing. The statute that allows this motion to be filed is Title 22 Oklahoma Statute Section 504.1 paragraph A which reads as follows:
In addition to a demurrer to the indictment or information, as provided in Section 504 of Title 22 of the Oklahoma Statutes, the defendant may file a motion to quash for insufficient evidence in felony cases after preliminary hearing. The defendant must establish beyond the face of the indictment or information that there is insufficient evidence to prove any one of the necessary elements of the offense for which the defendant is charged.
Motions to Quash are filed after a preliminary hearing once a case gets to the District Court Arraignment (DCA), typically what happens is the defense lawyer purchases a copy of the transcript and has th ereceipt at the DCA showing the judge the transcript has been ordered. Then the judge continues the DCA giving due dates for the filing of the Motion to Quash and the state's response. The judge will also set a hearing for the Motion to Quash, typically about six (6) weeks out.
Motions to Quash are not often granted. They should not be filed when there is evidence that the Defendant committed a crime and the lawyer is just challenging the witnesses credibility. Credibility questions are questions of fact to be decuided by a jury
Motions to Quash should be filed if the lawyer believes the state has failed to prove that a crime was committed or there is a complete lack of evidence contecting the defendant toi the crime.
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