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 Motion to Dismiss Counts of Indictment in New Jersey is a legal procedure utilized by a defendant to request the court to dismiss specific charges listed in an indictment. It is a crucial part of the criminal justice system that allows defendants to challenge the validity and sufficiency of the charges brought against them. The purpose of a Motion to Dismiss Counts of Indictment is to argue that the charges do not meet the necessary legal requirements and therefore should be dismissed. Defendants typically assert various legal arguments supported by relevant case law and statutes to support their motion. This motion can be a powerful tool in the defense strategy and can potentially result in the reduction of charges or even complete dismissal of the case. In New Jersey, there are several types of Motions to Dismiss Counts of Indictment: 1. Insufficient Evidence: This type of motion asserts that the evidence presented by the prosecution is not enough to sustain a conviction for the specific charges in the indictment. The defendant may argue that the evidence fails to establish the necessary elements of the offense or that it is insufficiently credible or reliable. 2. Constitutional Violations: Defendants may file a motion claiming that their constitutional rights were violated during the arrest, investigation, or indictment process. This could include violations of the Fourth Amendment (unlawful search and seizure), Fifth Amendment (self-incrimination), or Sixth Amendment (right to counsel). 3. Lack of Jurisdiction: A defendant can challenge the court's jurisdiction over the charges, asserting that the alleged crimes did not occur within the court's jurisdiction or that the charges do not fall under its purview. 4. Double Jeopardy: If a defendant has previously been acquitted or convicted of the same offense in another jurisdiction, they can argue that trying them again would violate the protection against double jeopardy guaranteed by the Fifth Amendment. 5. Prejudicial Prosecutorial Misconduct: Defendants may file a motion claiming that the prosecution engaged in misconduct that unfairly prejudiced their case, such as withholding exculpatory evidence or using improper tactics that compromised their right to a fair trial. It is important to note that the likelihood of success in a Motion to Dismiss Counts of Indictment varies depending on the specific circumstances and the strength of the arguments presented. The court will carefully consider the motion, legal precedents, and relevant statutory provisions before rendering a decision.
