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 is a legal document that is filed by the defendant to request the court to dismiss specific charges or counts brought against them in an indictment. In New Mexico, like other jurisdictions, defendants are afforded the opportunity to challenge the validity and sufficiency of the charges pressed against them. The New Mexico motion to dismiss counts of indictment serves as a procedural tool utilized by the defense to contest the charges on various grounds. These grounds are typically based on legal technicalities, constitutional reasons, or evidentiary insufficiencies. One type of New Mexico motion to dismiss counts of indictment is the "motion to dismiss for insufficient evidence." In this type of motion, the defendant argues that the evidence presented by the prosecution is inadequate to support the charges levied against them. The defense aims to demonstrate that there is no reasonable probability of conviction based on the evidence presented at that stage of the proceedings. Another type of motion is the "motion to dismiss for lack of jurisdiction." In this case, the defendant asserts that the court lacks the authority to hear the case or charge the defendant with the specific counts listed in the indictment. The defense may argue that the alleged offense did not occur within the court's territorial jurisdiction or that the charges are erroneously brought under a particular statute that does not apply to the defendant's actions. A third type of motion is the "motion to dismiss for violation of speedy trial rights." Here, the defendant contends that their constitutional right to a speedy trial, as guaranteed by the Sixth Amendment of the United States Constitution and corresponding provisions in the New Mexico Constitution, has been violated. The defense may claim that the delay in bringing the case to trial has prejudiced their ability to present an adequate defense or resulted in an unfair trial. Additionally, a "motion to dismiss based on constitutional challenges" can be filed, which asserts that the charges in the indictment violate the defendant's constitutional rights. This may include claims of double jeopardy, entrapment, selective prosecution, or violations of due process rights. In summary, a New Mexico motion to dismiss counts of indictment is an important legal mechanism that allows defendants to challenge the charges brought against them. These motions can be filed on various grounds, such as insufficient evidence, lack of jurisdiction, violation of speedy trial rights, or constitutional challenges. It is essential for defendants to consult with experienced legal professionals to assess the viability and potential success of such motions based on their specific circumstances.
