Section 535 - Time to file motion to quashA. A motion to quash may be filed of right at any time before commencement of the trial, when based on the ground that:(1) The offense charged is not punishable under a valid statute;(2) The indictment does not conform with the requirements of Chapters 1 and 2 of Title XIII;(3) Trial for the offense charged would constitute double jeopardy;(4) The time limitation for the institution of prosecution has expired;(5) The court has no jurisdiction of the offense charged; or(6) The information charges an offense for which prosecution can be instituted only by a grand jury indictment.(7) The individual charged with a violation of the Uniform Controlled Dangerous Substances Law has a valid prescription for that substance. These grounds may be urged at a later stage of the proceedings in accordance with other provisions of this Code.
B. A motion to quash on the ground that the time limitation for commencement of trial has expired may be filed at any time before commencement of trial.C. A motion to quash on grounds other than those stated in Paragraphs A and B of this Article shall be filed in accordance with Article 521.D. The grounds for a motion to quash under Paragraphs B and C are waived unless a motion to quash is filed in conformity with those provisions.E. The court may, in order to avoid a continuance, defer a hearing on a motion to quash until the end of the trial.Amended by Acts 1978, No. 735, §2; Acts 2009, No. 265, §2.Amended by Acts 1978, No. 735, §2; Acts 2009, No. 265, §2.