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 Puerto Rico Motion to Dismiss Counts of Indictment is a legal document filed by the defense counsel in a criminal case in Puerto Rico. This motion seeks to have certain counts in the indictment dismissed, arguing either factual or legal errors, procedural irregularities, lack of evidence, violations of constitutional rights, or other grounds that make the charges invalid or insufficient. There are different types of Puerto Rico Motions to Dismiss Counts of Indictment that can be filed based on specific circumstances. These include: 1. Motion to Dismiss for Failure to State an Offense: This motion argues that the charges in the indictment do not constitute a valid criminal offense under Puerto Rico law or fail to provide sufficient details to adequately inform the defendant of the nature of the accusations. 2. Motion to Dismiss for Lack of Jurisdiction: This motion contends that the court hearing the case does not have the authority or jurisdiction to try the defendant for the alleged crimes. It may be based on factors such as territorial jurisdiction issues or constitutional violations. 3. Motion to Dismiss for Violations of Constitutional Rights: This motion asserts that the indictment or the prosecution's actions have violated the defendant's constitutional rights, such as the Fourth, Fifth, or Sixth Amendments. It may cite violations of due process, unreasonable searches and seizures, or coerced confessions. 4. Motion to Dismiss for Statute of Limitations: This motion argues that the prosecution is barred from proceeding with charges due to the expiration of the applicable statute of limitations. It requests the court to dismiss the counts in question because they were filed beyond the permissible time frame. 5. Motion to Dismiss for Lack of Sufficient Evidence: This motion challenges the adequacy of the evidence presented by the prosecution to support the charges. It contends that the evidence provided is insufficient to establish probable cause or meet the burden of proof required for each count. 6. Motion to Dismiss for Double Jeopardy: This motion asserts that the defendant is being prosecuted for the same offense or charges for which they have already been convicted, acquitted, or otherwise resolved in a prior legal proceeding. It seeks dismissal based on the constitutional protection against double jeopardy. In conclusion, a Puerto Rico Motion to Dismiss Counts of Indictment is a crucial legal tool that defendants can utilize to challenge and potentially have certain charges dropped from their criminal case. These motions aim to address various legal, constitutional, or procedural issues that may render the indictment invalid or insufficient.
A Puerto Rico Motion to Dismiss Counts of Indictment is a legal document filed by the defense counsel in a criminal case in Puerto Rico. This motion seeks to have certain counts in the indictment dismissed, arguing either factual or legal errors, procedural irregularities, lack of evidence, violations of constitutional rights, or other grounds that make the charges invalid or insufficient. There are different types of Puerto Rico Motions to Dismiss Counts of Indictment that can be filed based on specific circumstances. These include: 1. Motion to Dismiss for Failure to State an Offense: This motion argues that the charges in the indictment do not constitute a valid criminal offense under Puerto Rico law or fail to provide sufficient details to adequately inform the defendant of the nature of the accusations. 2. Motion to Dismiss for Lack of Jurisdiction: This motion contends that the court hearing the case does not have the authority or jurisdiction to try the defendant for the alleged crimes. It may be based on factors such as territorial jurisdiction issues or constitutional violations. 3. Motion to Dismiss for Violations of Constitutional Rights: This motion asserts that the indictment or the prosecution's actions have violated the defendant's constitutional rights, such as the Fourth, Fifth, or Sixth Amendments. It may cite violations of due process, unreasonable searches and seizures, or coerced confessions. 4. Motion to Dismiss for Statute of Limitations: This motion argues that the prosecution is barred from proceeding with charges due to the expiration of the applicable statute of limitations. It requests the court to dismiss the counts in question because they were filed beyond the permissible time frame. 5. Motion to Dismiss for Lack of Sufficient Evidence: This motion challenges the adequacy of the evidence presented by the prosecution to support the charges. It contends that the evidence provided is insufficient to establish probable cause or meet the burden of proof required for each count. 6. Motion to Dismiss for Double Jeopardy: This motion asserts that the defendant is being prosecuted for the same offense or charges for which they have already been convicted, acquitted, or otherwise resolved in a prior legal proceeding. It seeks dismissal based on the constitutional protection against double jeopardy. In conclusion, a Puerto Rico Motion to Dismiss Counts of Indictment is a crucial legal tool that defendants can utilize to challenge and potentially have certain charges dropped from their criminal case. These motions aim to address various legal, constitutional, or procedural issues that may render the indictment invalid or insufficient.
