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 Maryland Motion to Dismiss Counts of Indictment is a legal proceeding that allows the defendant to request the dismissal of specific charges listed in the indictment. This motion can be filed by the defense attorney if they believe that the prosecution has failed to provide sufficient evidence or if there are legal flaws in the indictment. In Maryland, there are various types of Motions to Dismiss Counts of Indictment that can be filed, based on different legal grounds. Some common types include: 1. Insufficient evidence: If the defense attorney believes that the prosecution's evidence is insufficient to support the charges listed in the indictment, they can file a motion to dismiss. The motion will argue that there is a lack of substantial evidence to establish the guilt of the defendant beyond a reasonable doubt. 2. Legal defects in the indictment: In some cases, the defense attorney may identify errors or defects in the indictment itself. This could include improper charging or failure to properly allege essential elements of the offense. A motion to dismiss can be filed to challenge the legal validity of the indictment. 3. Double jeopardy: If the defendant has already been prosecuted or punished for the same offense in a previous case, they can file a motion to dismiss based on the grounds of double jeopardy. This motion argues that the defendant cannot be subjected to multiple prosecutions or punishments for the same crime. 4. Violation of constitutional rights: If the defendant's constitutional rights have been violated during the grand jury proceedings or in the indictment itself, a motion to dismiss can be filed. This can include violations of the defendant's right to due process, right to a fair trial, or illegal searches and seizures. When filing a Motion to Dismiss Counts of Indictment in Maryland, the defense attorney must draft a legal document detailing the specific grounds for dismissal, supported by relevant case law and legal arguments. The motion should demonstrate why the charges listed in the indictment should be dismissed and present a compelling argument to persuade the court. It is important to note that the granting of a Motion to Dismiss Counts of Indictment is at the discretion of the judge. The judge will carefully consider the arguments presented by the defense and the prosecution before making a decision. If the motion is granted, the dismissed counts will be removed from the indictment, potentially resulting in a decrease in charges or a dismissal of the entire case. However, if the motion is denied, the case will proceed to trial on all listed charges in the indictment.
A Maryland Motion to Dismiss Counts of Indictment is a legal proceeding that allows the defendant to request the dismissal of specific charges listed in the indictment. This motion can be filed by the defense attorney if they believe that the prosecution has failed to provide sufficient evidence or if there are legal flaws in the indictment. In Maryland, there are various types of Motions to Dismiss Counts of Indictment that can be filed, based on different legal grounds. Some common types include: 1. Insufficient evidence: If the defense attorney believes that the prosecution's evidence is insufficient to support the charges listed in the indictment, they can file a motion to dismiss. The motion will argue that there is a lack of substantial evidence to establish the guilt of the defendant beyond a reasonable doubt. 2. Legal defects in the indictment: In some cases, the defense attorney may identify errors or defects in the indictment itself. This could include improper charging or failure to properly allege essential elements of the offense. A motion to dismiss can be filed to challenge the legal validity of the indictment. 3. Double jeopardy: If the defendant has already been prosecuted or punished for the same offense in a previous case, they can file a motion to dismiss based on the grounds of double jeopardy. This motion argues that the defendant cannot be subjected to multiple prosecutions or punishments for the same crime. 4. Violation of constitutional rights: If the defendant's constitutional rights have been violated during the grand jury proceedings or in the indictment itself, a motion to dismiss can be filed. This can include violations of the defendant's right to due process, right to a fair trial, or illegal searches and seizures. When filing a Motion to Dismiss Counts of Indictment in Maryland, the defense attorney must draft a legal document detailing the specific grounds for dismissal, supported by relevant case law and legal arguments. The motion should demonstrate why the charges listed in the indictment should be dismissed and present a compelling argument to persuade the court. It is important to note that the granting of a Motion to Dismiss Counts of Indictment is at the discretion of the judge. The judge will carefully consider the arguments presented by the defense and the prosecution before making a decision. If the motion is granted, the dismissed counts will be removed from the indictment, potentially resulting in a decrease in charges or a dismissal of the entire case. However, if the motion is denied, the case will proceed to trial on all listed charges in the indictment.
