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 Guam Motion to Dismiss Counts of Indictment is a legal request made by a defendant in a criminal case to have certain counts or charges against them dismissed. This motion is typically filed when the defendant believes that the prosecution's case is lacking sufficient evidence or that the charges are invalid for various legal reasons. By filing this motion, the defendant aims to avoid a trial and potentially have specific charges dropped. There are several types of Guam Motion to Dismiss Counts of Indictment that can be filed, depending on the specific circumstances of the case. Here are a few common types: 1. Insufficient evidence: In this type of motion, the defendant argues that the prosecution lacks enough evidence to support the charges brought against them. They may claim that there is no probable cause or that the evidence presented does not meet the legal standards required for a conviction. 2. Failure to state an offense: This motion asserts that the charges themselves are legally flawed. The defendant argues that even if the prosecution's evidence is true, it does not establish a violation of the law as outlined in the charges. 3. Violation of constitutional rights: The defendant might file this motion if they believe that their constitutional rights, such as the Fourth Amendment's protection against unreasonable searches and seizures, have been violated during the investigation or arrest. They claim that any evidence obtained through unconstitutional means should be excluded and that the related charges should be dismissed. 4. Double jeopardy: This motion is filed when the defendant argues that they are being prosecuted for the same offense twice, which violates the Fifth Amendment's protection against double jeopardy. The defendant asserts that they have already faced charges for the same conduct or that their previous conviction or acquittal should block the subsequent charges. 5. Selective or vindictive prosecution: In this type of motion, the defendant argues that they have been unfairly targeted for prosecution due to their race, religion, political beliefs, or other discriminatory factors. They claim that the charges should be dismissed as a result of the prosecution's improper motives. It's important to note that the specific types of motions available may vary depending on the jurisdiction and the applicable laws. Ultimately, the decision to grant or deny a Guam Motion to Dismiss Counts of Indictment rests with the judge, who carefully considers both the arguments presented by the defendant and the prosecution's response.
A Guam Motion to Dismiss Counts of Indictment is a legal request made by a defendant in a criminal case to have certain counts or charges against them dismissed. This motion is typically filed when the defendant believes that the prosecution's case is lacking sufficient evidence or that the charges are invalid for various legal reasons. By filing this motion, the defendant aims to avoid a trial and potentially have specific charges dropped. There are several types of Guam Motion to Dismiss Counts of Indictment that can be filed, depending on the specific circumstances of the case. Here are a few common types: 1. Insufficient evidence: In this type of motion, the defendant argues that the prosecution lacks enough evidence to support the charges brought against them. They may claim that there is no probable cause or that the evidence presented does not meet the legal standards required for a conviction. 2. Failure to state an offense: This motion asserts that the charges themselves are legally flawed. The defendant argues that even if the prosecution's evidence is true, it does not establish a violation of the law as outlined in the charges. 3. Violation of constitutional rights: The defendant might file this motion if they believe that their constitutional rights, such as the Fourth Amendment's protection against unreasonable searches and seizures, have been violated during the investigation or arrest. They claim that any evidence obtained through unconstitutional means should be excluded and that the related charges should be dismissed. 4. Double jeopardy: This motion is filed when the defendant argues that they are being prosecuted for the same offense twice, which violates the Fifth Amendment's protection against double jeopardy. The defendant asserts that they have already faced charges for the same conduct or that their previous conviction or acquittal should block the subsequent charges. 5. Selective or vindictive prosecution: In this type of motion, the defendant argues that they have been unfairly targeted for prosecution due to their race, religion, political beliefs, or other discriminatory factors. They claim that the charges should be dismissed as a result of the prosecution's improper motives. It's important to note that the specific types of motions available may vary depending on the jurisdiction and the applicable laws. Ultimately, the decision to grant or deny a Guam Motion to Dismiss Counts of Indictment rests with the judge, who carefully considers both the arguments presented by the defendant and the prosecution's response.
