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.
Connecticut Motion to Dismiss Counts of Indictment is a legal procedure in which a defendant requests the court to dismiss certain counts or charges listed in the indictment. The purpose of this motion is to challenge the validity or sufficiency of the charges against the defendant. In Connecticut, there are several types of Motion to Dismiss Counts of Indictment that can be filed, depending on the specific circumstances of the case: 1. Insufficient Evidence Motion: This type of motion argues that the prosecution's evidence is insufficient to support the charges in the indictment. The defendant asserts that the evidence presented fails to meet the legal standard required to prove guilt beyond a reasonable doubt. This motion seeks to dismiss the counts based on the insufficiency of evidence presented by the prosecution. 2. Constitutional Violations Motion: This motion alleges that the defendant's constitutional rights have been violated during the investigation or arrest process, resulting in an unfair or unlawful indictment. The defendant may argue that their Fourth, Fifth, or Sixth Amendment rights were violated, such as illegal search and seizure, denial of counsel, or coerced confessions. If successful, this motion can lead to the dismissal of the counts affected by the constitutional violations. 3. Double Jeopardy Motion: This type of motion asserts that the defendant is being charged twice for the same offense, in violation of the double jeopardy clause of the Fifth Amendment. The defendant argues that a previous conviction or acquittal on a similar or identical charge prohibits the prosecution from bringing forth new charges. If granted, this motion can lead to the dismissal of redundant counts in the indictment. 4. Lack of Jurisdiction Motion: In certain cases, a defendant may file a motion to dismiss based on the lack of jurisdiction. If the court determines that it does not have jurisdiction over the charges alleged in the indictment, the counts can be dismissed. For example, if the alleged criminal act did not occur within the court's jurisdiction or involves federal crimes outside the court's authority, this motion can be used to challenge the indictment's validity. When filing a Connecticut Motion to Dismiss Counts of Indictment, it is crucial for the defendant's attorney to provide detailed legal arguments, supporting case law, and evidence to substantiate their claims. The court will carefully consider the motion, evaluate the merits of the arguments presented, and make a decision regarding the dismissal of the indicted counts. It's important to note that the success of these motions varies depending on the specific facts and circumstances of each case, as well as the judge's interpretation of the law.
