NEW BRUNSWICK, N.J. (AP) -- A lawyer for the Florida woman charged in the death of her son more than 20 years ago in New Jersey intends to file a motion to have the indictment thrown out.

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Gerald Krovatin said Tuesday he plans to argue Michelle Lodzinski's constitutional rights were violated due to the length of time it took the Middlesex County Prosecutor's Office to charge her.

Lodzinski is accused of killing her 5-year-old son in 1991, but was only charged last August.

Krovatin says there was insufficient probable cause to charge Lodzinski with murder.

Assistant Prosecutor Scott LaMountain says he will file several motions as well, including one that would allow his office to bring jurors to see where the child's remains were found in Edison.

Superior Court Judge Dennis Nieves will hear arguments Sept. 23.

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