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.
Ohio Motion to Dismiss Counts of Indictment is a legal motion that can be filed by a defendant in a criminal case in Ohio. This motion aims to request the court to dismiss one or more counts of the indictment brought against the defendant. It challenges the sufficiency of the charges or alleges legal defects in the indictment. In Ohio, there are different types of Motions to Dismiss Counts of Indictment that can be filed depending on the specific circumstances of the case. Some of these include: 1. Insufficient Evidence Motion: This type of motion argues that there is not enough evidence presented in the indictment to support the prosecution's claims. It asserts that the charges lack factual or legal basis to proceed and therefore should be dismissed. 2. Legal Defect Motion: This motion challenges the legal sufficiency of the indictment itself. It asserts that the charges are defective due to errors in the grand jury process, improper presentation of evidence, or violation of the defendant's constitutional rights. The motion argues that these defects render the charges invalid and should result in their dismissal. 3. Double Jeopardy Motion: This type of motion asserts that the defendant is being charged with the same offense multiple times, thereby violating their constitutional protection against double jeopardy. It argues that the duplicate charges should be dismissed. 4. Prosecutorial Misconduct Motion: This motion alleges misconduct on the part of the prosecutor, such as withholding exculpatory evidence or improper influence on the grand jury. It seeks the dismissal of the charges due to the prosecutor's misconduct that has compromised the fairness of the proceedings. When filing a Motion to Dismiss Counts of Indictment in Ohio, it is essential to provide a detailed legal argument supporting the grounds for the motion. This includes citing relevant Ohio statutes, case law, and constitutional provisions that support the request for dismissing the specific counts in the indictment. It is crucial to craft a persuasive argument and present evidence, if available, to support the claims made in the motion. The court will review the motion, consider the arguments presented by both the defense and prosecution, and make a decision on whether to grant or deny the motion. If the motion is granted, the dismissed counts will be dropped from the indictment, potentially leading to a reduction in charges for the defendant.
