Motion to Dismiss the Indictment, is an official form (sample) from the Alabama Administrative Office of Courts, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Alabama statutes and law.
Alabama Motion to Dismiss the Indictment
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Description Motion To Dismiss Criminal Case Form
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FAQ
To overthrow; to annul; to make void or declare invalid; e.g., "quash a subpoena."In criminal cases, if an indictment is defective to such a degree that no judgment could be made if the defendant were to be convicted, the court typically will quash the indictment.
If the judge finds no probable cause and dismisses the case, the state is free to take the case to the grand jury and still seek an indictment. If indicted, the defendant will once again have to make bond and the case will proceed.
A grand jury's decision to indict a person or corporation cannot be appealed upon the issuance of the indictment. However, the indictment returned by the grand jury can be challenged in the federal district court on any number of grounds, depending on the specific facts of the case.
Once you are indicted, there are three main options. First, your lawyer can petition the court to dismiss the indictment. Second, you can upon the advice of your attorney plead guilty. Third, you can contest the allegations and invoke your constitutional right to a jury trial.
Criminal defendants usually have the option to waive the preliminary hearing, but it happens very rarely and no defendant should do this without the advice of an attorney. If you waive a preliminary hearing, you allow the prosecution to proceed on criminal charges against you without having to present its evidence.
After the motion to quash is filed, the court will review the case and make its determination. For example, if the judge grants a motion to quash service, then the service on the defendant would be considered void. A motion to quash that is approved would also invalidate any applicable decisions from a lower court.
As for what is a grand jury dismissal, that occurs when a grand jury is convened to consider indictment on a charge, and it's determined that the case isn't strong enough. The grand jury then can dismiss or "no-bill" the charge, or the prosecutor can dismiss it.
Whenever an indictment or information charging a felony is dismissed for any reason after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information,
If the grand jury or the judge do not find probable cause, then the charges must be dismissed. when prosecutors have very limited evidence against a defendant in a criminal case, they may conclude that they do not have enough evidence to move forward in the case and dismiss the charges on their own.