Puerto Rico Motion to Dismiss Counts of Indictment

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Multi-State
Control #:
US-02616BG
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Word; 
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Description

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.

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FAQ

A Motion to dismiss an indictment is used if the evidence was insufficient to support the charges within the indictment and it can be based on several factors, including the State's failure to properly instruct the Grand Jury and/or the State's witnesses misleading the Grand Jury.

The indictment contains the basic information that informs the person of the charges against them. For potential felony charges, a prosecutor will present the evidence to an impartial group of citizens called a grand jury.

31, § 4421a. A durable power of attorney is an instrument made by public deed for the administration of property and for any other matter, expressly containing a provision establishing that the same shall become valid and remain effective even after the principal becomes or is adjudicated incapacitated by a court.

In the State of Florida, there are three types documents utilized to formally charge a person with a crime: (1) a citation; (2) an indictment; or (3) an Information.

Charging document means a written accusation alleging that a defendant has committed an offense. It includes a citation, an indictment, an information, and a statement of charges.

An information is a formal criminal charge which begins a criminal proceeding in the courts. The information is one of the oldest common law pleadings (first appearing around the 13th century), and is nearly as old as the better-known indictment, with which it has always coexisted.

Charging Document ? A Criminal case begins when the Defendant is formally charged in an Indictment or Information. Indictment ? An indictment is a formal document issued by a Grand Jury, charging the Defendant of committing a crime(s).

What Happens After an Indictment in New Jersey? The next step after an indictment is for your criminal case to go to arraignment. The arraignment marks your first appearance in the courtroom and comes after arrest, booking, and indictment.

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Puerto Rico Motion to Dismiss Counts of Indictment