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.
The Kentucky Motion to Dismiss Counts of Indictment is a legal procedure used in criminal cases within the state of Kentucky. This motion allows the defendant to request the court to dismiss one or more specific counts mentioned in the indictment against them. It is a crucial step in the legal process that can significantly impact the outcome of the case. When filing a Motion to Dismiss Counts of Indictment, there are various possible grounds that a defendant may assert, depending on the specific circumstances of their case. It is essential to consult with an experienced criminal defense attorney to determine the most relevant grounds for the motion. Some common types of Kentucky Motion to Dismiss Counts of Indictment include: 1. Lack of Sufficient Evidence: This type of motion argues that the prosecution has failed to present enough evidence to support the charges outlined in the indictment. The defense will typically present legal arguments explaining why the evidence should be considered insufficient or lacking credibility. 2. Constitutional Violations: In cases where there are allegations of violations of the defendant's constitutional rights, such as an illegal search and seizure, a motion may be filed to dismiss the charges based on these violations. 3. Statute of Limitations: If the alleged offense falls outside the time limit imposed by the statute of limitations, the defense can file a motion to dismiss those particular counts. The motion will assert that the prosecution is time-barred from pursuing those charges. 4. Jurisdictional Issues: If there are questions regarding the court's jurisdiction over the alleged offense or the jurisdiction's authority to prosecute, a defendant may file a motion to dismiss on jurisdictional grounds. 5. Double Jeopardy: If the defendant has previously been acquitted or convicted of similar charges in a separate case, a motion to dismiss based on double jeopardy may be filed, arguing that the charges violate the Fifth Amendment protection against being tried twice for the same offense. 6. Plea Agreement or Immunity: If the defendant has entered into a valid plea agreement or received immunity for specific charges related to the indictment, a motion may be filed to dismiss those counts covered by the agreement or immunity. 7. Improper Grand Jury Proceedings: If the defendant can demonstrate that there were irregularities in the grand jury proceedings or the presentation of evidence, they may file a motion to dismiss based on these procedural errors. Filing a Motion to Dismiss Counts of Indictment in Kentucky requires careful consideration of the specific circumstances, legal precedents, and an understanding of the state's criminal laws. It is crucial to work closely with an experienced criminal defense attorney to navigate these complex motions and present compelling arguments for the court's consideration.
