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 South Dakota Motion to Dismiss Counts of Indictment is a legal action taken by a defendant to request the court's dismissal of specific charges listed in their indictment. This motion, when filed correctly and supported by valid legal grounds, aims to eliminate one or more counts from the indictments against the accused party. There are several types of Motion to Dismiss Counts of Indictment that can be filed in South Dakota, each with various applicable circumstances and legal justifications. Some common types of motions are: 1. Insufficient Evidence: This motion argues that there is insufficient evidence to support the charges contained within the indictment. It contends that the prosecution has failed to present a legally viable case against the accused. The defendant's legal counsel may argue that the evidence provided is weak, lacks credibility, or fails to meet the required legal standards. 2. Violation of Constitutional Rights: Here, the defendant asserts that the charges should be dismissed because the investigation, arrest, or indictment itself violated their constitutional rights. This motion could contend that the evidence was obtained through an illegal search and seizure, the accused was denied their Miranda rights, or other violations occurred that would make the indictment invalid. 3. Double Jeopardy: This motion argues that the accused is being subjected to double jeopardy, which refers to the concept of being prosecuted multiple times for the same offense. If the indictment consists of charges that were already addressed and resolved, this motion seeks to have those counts dismissed on the grounds of double jeopardy. 4. Prosecutorial Misconduct: This type of motion asserts that the prosecutor engaged in unethical or improper behavior that warrants dismissal of specific counts. It may involve claims of withholding or tampering with evidence, presenting false testimony, or other actions that undermine the fairness of the proceedings. 5. Statute of Limitations: This motion contends that the applicable statute of limitations has expired for certain charges within the indictment. If the prosecution failed to initiate legal proceedings within the specified time limit, the defendant can argue that those counts should be dismissed. These are just a few examples of South Dakota Motions to Dismiss Counts of Indictment. The appropriateness and success of such motions depend on the facts, evidence, and legal arguments presented by the defense. It is crucial for defendants to consult with an experienced criminal defense attorney who can evaluate their case, identify the most applicable motion, and build a strong defense strategy to seek the dismissal of specific charges.A South Dakota Motion to Dismiss Counts of Indictment is a legal action taken by a defendant to request the court's dismissal of specific charges listed in their indictment. This motion, when filed correctly and supported by valid legal grounds, aims to eliminate one or more counts from the indictments against the accused party. There are several types of Motion to Dismiss Counts of Indictment that can be filed in South Dakota, each with various applicable circumstances and legal justifications. Some common types of motions are: 1. Insufficient Evidence: This motion argues that there is insufficient evidence to support the charges contained within the indictment. It contends that the prosecution has failed to present a legally viable case against the accused. The defendant's legal counsel may argue that the evidence provided is weak, lacks credibility, or fails to meet the required legal standards. 2. Violation of Constitutional Rights: Here, the defendant asserts that the charges should be dismissed because the investigation, arrest, or indictment itself violated their constitutional rights. This motion could contend that the evidence was obtained through an illegal search and seizure, the accused was denied their Miranda rights, or other violations occurred that would make the indictment invalid. 3. Double Jeopardy: This motion argues that the accused is being subjected to double jeopardy, which refers to the concept of being prosecuted multiple times for the same offense. If the indictment consists of charges that were already addressed and resolved, this motion seeks to have those counts dismissed on the grounds of double jeopardy. 4. Prosecutorial Misconduct: This type of motion asserts that the prosecutor engaged in unethical or improper behavior that warrants dismissal of specific counts. It may involve claims of withholding or tampering with evidence, presenting false testimony, or other actions that undermine the fairness of the proceedings. 5. Statute of Limitations: This motion contends that the applicable statute of limitations has expired for certain charges within the indictment. If the prosecution failed to initiate legal proceedings within the specified time limit, the defendant can argue that those counts should be dismissed. These are just a few examples of South Dakota Motions to Dismiss Counts of Indictment. The appropriateness and success of such motions depend on the facts, evidence, and legal arguments presented by the defense. It is crucial for defendants to consult with an experienced criminal defense attorney who can evaluate their case, identify the most applicable motion, and build a strong defense strategy to seek the dismissal of specific charges.
