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 Maine Motion to Dismiss Counts of Indictment is a legal document filed by the defendant in a criminal case to request the court to dismiss specific charges listed in an indictment. This motion challenges the legal sufficiency of the charges and argues for their dismissal based on various grounds such as lack of evidence, violation of constitutional rights, or failure to meet the required legal standards. In Maine, like in other jurisdictions, the defendant may file several types of motions to dismiss counts of indictment. Here are a few common ones: 1. Insufficient Evidence Motion: This type of motion contends that the prosecution failed to present sufficient evidence to support the charges in the indictment. The defendant's attorney will argue that the evidence provided is weak, unreliable, or insufficient to establish probable cause, thereby requesting the court to dismiss those specific counts. 2. Violation of Constitutional Rights Motion: This motion asserts that the defendant's constitutional rights were violated during the investigation, arrest, or indictment process. It may argue that the evidence was obtained through an illegal search and seizure, the defendant was denied their right to counsel, or that their Miranda rights were violated. If successful, the court may dismiss the counts affected by these constitutional violations. 3. Statute of Limitations Motion: A motion based on the statute of limitations argues that the charges in the indictment were filed too late, violating the defendant's rights to a speedy trial. The defendant's attorney will present evidence to demonstrate that the statute of limitations for the alleged offense has expired, resulting in a request for the court to dismiss those specific counts. 4. Double Jeopardy Motion: This motion contends that the defendant is being charged with offenses for which they have already been tried or convicted, constituting double jeopardy. The defense attorney will argue that the new indictment violates their client's constitutional rights against being prosecuted for the same offense multiple times, leading to a plea for the court to dismiss those charges. 5. Legal Insufficiency Motion: This type of motion claims that even if the prosecution's evidence is proven true, it fails to establish the elements of the crimes charged in the indictment. The defendant's attorney will argue that the allegations do not meet the required legal standards and, therefore, ask the court to dismiss those counts. It is important to note that the granting of a Maine Motion to Dismiss Counts of Indictment is at the court's discretion. The judge ultimately evaluates the merits of the motion, reviews evidence and legal arguments from both sides, and decides whether the charges should be dismissed partially or in their entirety based on the presented grounds.
