Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:
" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;
" When more than one offense is charged in a single count;
" When it does not describe a public offense;
" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;
" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and
" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.
The above is not an exhaustive list.
A Motion to Dismiss Counts of Indictment is a legal document in the state of Alaska that seeks to have certain counts or charges listed in an indictment dropped or dismissed. This motion is typically filed by the defense as a strategic move to challenge the sufficiency of the indictment or to contest the validity of the charges against the accused individual. In Alaska, various types of motions to dismiss counts of indictment are available, each catering to specific legal grounds and circumstances. Some of these motions include: 1. Insufficient Evidence Motion: This type of motion argues that the prosecution failed to present enough evidence to support the charges listed in the indictment. The defense contends that without substantial evidence, the case should not proceed, and the counts should be dismissed. 2. Failure to State an Offense Motion: This motion asserts that the charges outlined in the indictment do not constitute an actual offense under Alaska law. The defense argues that the allegations described in the indictment fail to meet the necessary legal elements required to sustain the charges. 3. Double Jeopardy Motion: This motion argues that the accused individual is being charged with counts that are duplicative or overlap with charges brought in another case, thereby violating their constitutional protection against double jeopardy. The defense emphasizes that the repetition of charges is unfair and should result in the dismissal of those counts. 4. Constitutional Violation Motion: This motion claims that the prosecution's conduct or the circumstances of the accused individual's arrest or indictment violated their constitutional rights. The defense may argue that the charges were brought forth based on an unlawful search and seizure, violation of Miranda rights, or other constitutional infringements, demanding the dismissal of those counts. 5. Statute of Limitations Motion: This motion asserts that the charges listed in the indictment were filed outside the legally allowable timeframe as prescribed by Alaska's statute of limitations. The defense contends that these counts should be dismissed as they are time-barred and cannot be pursued any further. It's important to note that filing a Motion to Dismiss Counts of Indictment does not guarantee the dismissal of those counts. The court will carefully review the motion, consider the arguments from both the defense and prosecution, and make a ruling based on the merits of the case and the relevant legal standards.
A Motion to Dismiss Counts of Indictment is a legal document in the state of Alaska that seeks to have certain counts or charges listed in an indictment dropped or dismissed. This motion is typically filed by the defense as a strategic move to challenge the sufficiency of the indictment or to contest the validity of the charges against the accused individual. In Alaska, various types of motions to dismiss counts of indictment are available, each catering to specific legal grounds and circumstances. Some of these motions include: 1. Insufficient Evidence Motion: This type of motion argues that the prosecution failed to present enough evidence to support the charges listed in the indictment. The defense contends that without substantial evidence, the case should not proceed, and the counts should be dismissed. 2. Failure to State an Offense Motion: This motion asserts that the charges outlined in the indictment do not constitute an actual offense under Alaska law. The defense argues that the allegations described in the indictment fail to meet the necessary legal elements required to sustain the charges. 3. Double Jeopardy Motion: This motion argues that the accused individual is being charged with counts that are duplicative or overlap with charges brought in another case, thereby violating their constitutional protection against double jeopardy. The defense emphasizes that the repetition of charges is unfair and should result in the dismissal of those counts. 4. Constitutional Violation Motion: This motion claims that the prosecution's conduct or the circumstances of the accused individual's arrest or indictment violated their constitutional rights. The defense may argue that the charges were brought forth based on an unlawful search and seizure, violation of Miranda rights, or other constitutional infringements, demanding the dismissal of those counts. 5. Statute of Limitations Motion: This motion asserts that the charges listed in the indictment were filed outside the legally allowable timeframe as prescribed by Alaska's statute of limitations. The defense contends that these counts should be dismissed as they are time-barred and cannot be pursued any further. It's important to note that filing a Motion to Dismiss Counts of Indictment does not guarantee the dismissal of those counts. The court will carefully review the motion, consider the arguments from both the defense and prosecution, and make a ruling based on the merits of the case and the relevant legal standards.
