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 California Motion to Dismiss Counts of Indictment is a legal filing made by a defendant in a criminal case, requesting the court to dismiss specific counts or charges listed in the indictment. This motion is an essential aspect of the criminal defense strategy that aims to challenge the sufficiency of the charges brought against the accused. By filing a Motion to Dismiss Counts of Indictment, defendants can present arguments and legal grounds to dismiss certain charges, seeking a reduction of charges or even complete dismissal of the case. In California, there are various types of Motions to Dismiss Counts of Indictment, each addressing different legal aspects or grounds. Some of these motions include: 1. Insufficient Evidence: This type of motion argues that the prosecution has failed to present adequate evidence to support the charges listed in the indictment. The defense may contend that the evidence provided is weak, unreliable, or insufficient for a jury to find the defendant guilty beyond a reasonable doubt. 2. Violation of Constitutional Rights: This motion asserts that the charges should be dismissed due to constitutional violations, such as unlawful search and seizure, coerced confessions, denial of legal representation, or Miranda rights violations. The defense may argue that the prosecution's actions violated the defendant's rights under the Fourth, Fifth, or Sixth Amendments. 3. Jurisdictional Issues: This motion challenges the court's jurisdiction over the case or the specific counts listed in the indictment. The defense may argue that the alleged crime did not occur within the court's jurisdiction or that the charges are wrongly classified as a state offense instead of a federal offense, for example. 4. Double Jeopardy: This motion asserts that the charges listed in the indictment violate the defendant's protection against double jeopardy. The defense may argue that the charges are duplicative, meaning they essentially allege the same offense multiple times, thereby subjecting the defendant to multiple punishments for a single act. 5. Statute of Limitations: This motion argues that the charges should be dismissed because the prosecution filed the indictment after the expiration of the statute of limitations. The defense may contend that the prosecution failed to bring the charges within the legally prescribed timeframe. It's important to note that the success of a Motion to Dismiss Counts of Indictment in California depends on various factors, including the arguments presented, the strength of evidence, and the judge's discretion. Each motion must rigorously adhere to the applicable California criminal procedure laws and court rules to maximize the likelihood of obtaining a favorable outcome for the defendant.
