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Iowa Motion to Dismiss Counts of Indictment

Category:
Criminal - Dismissals
State:
Multi-State
Control #:
US-02616BG
Format:
Word; 
Rich Text
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Description

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.

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FAQ

In addition, rule 1.943 allows for voluntary dismissal of the plaintiff's petition without prejudice once as a matter of right. Id. r. 1.943.

Rule 2.73 - Motion for a new trial 2.73(1)Generally. The magistrate, on motion of a defendant, may grant a new trial on the grounds set forth in rule 2.24(2) (b). 2.73(2)Newly discovered evidence. A motion for a new trial based on newly discovered evidence must be made within 6 months after the final judgment.

2.33(2)Speedy trial. It is the public policy of the state of Iowa that criminal prosecutions be concluded at the earliest possible time consistent with a fair trial to both parties. Applications for dismissals under this rule may be made by the prosecuting attorney or the defendant or by the court on its own motion. a.

Under Rule 2.33(2)(a), the government is required to issue a formal charge?typically by way of a trial information?against a defendant within 45 days of their arrest. If the government fails to do so, the case must be dismissed unless the defendant waives this right or good cause is shown.

2.2(2)Initial appearance of the defendant. An officer making an arrest with or without a warrant shall take the arrested person before a magistrate either personally or by interactive audiovisual system as provided by rule 2.27(1) (a) within 24 hours unless no magistrate is available and in all events within 48 hours.

Rule 2.8 - Arraignment and plea 2.8(1)Conduct of arraignment. a. Arraignment shall be conducted as soon as practicable following the filing of the indictment. If the defendant appears for arraignment without counsel, the court must inform the defendant of the right to counsel and ask if the defendant desires counsel.

Under Rule 2.33(2)(b), the government is required to proceed to a speedy trial within 90 days after the filing of the trial information. Again, if the government fails to do so, the case must be dismissed absent a waiver or good cause. It is solely the government's responsibility to ensure the deadline is met.

In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation.

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