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 Texas Motion to Dismiss Counts of Indictment is a legal document filed by the defense in a criminal case. It requests the court to dismiss specific charges or counts listed in the indictment against the defendant. This motion is based on various legal grounds that challenge the validity, sufficiency, or legality of the charges brought by the prosecution. In Texas, there are different types of Motions to Dismiss Counts of Indictment that can be filed, depending on the specific circumstances and legal arguments raised by the defense. Some common types include: 1. Insufficient Evidence: This motion argues that the prosecution's case lacks enough evidence to support the charges. The defense may contend that the evidence presented during the grand jury proceedings or pre-trial hearings was insufficient to establish probable cause or meet the burden of proof required for indicting the defendant. 2. Constitutional Violations: This motion asserts that the charges in the indictment violate the defendant's constitutional rights. For example, the defense may argue that the indictment was based on illegal search and seizure, violation of Miranda rights, or other violations of the Fourth, Fifth, or Sixth Amendments. 3. Statute of Limitations: This motion claims that the charges brought against the defendant are time-barred by the applicable statute of limitations. The defense aims to prove that the prosecution filed the charges after the prescribed time period, rendering them invalid. 4. Prosecutorial Misconduct: This motion alleges misconduct by the prosecution during the indictment process or throughout the case. The defense may argue that the prosecution acted in bad faith, engaged in unethical practices, or withheld exculpatory evidence, thereby calling for the dismissal of the counts in the indictment. 5. Double Jeopardy: This motion argues that the defendant is facing charges for the same offense(s) for which they have already been acquitted or convicted, constituting double jeopardy. If successful, this motion could result in the dismissal of the duplicated charges. When filing a Texas Motion to Dismiss Counts of Indictment, the defense must provide detailed legal arguments and supporting evidence to persuade the court to grant the dismissal. It is important to consult with experienced criminal defense attorneys who can analyze the specific facts and circumstances of the case to determine the most appropriate grounds for seeking a dismissal and crafting the motion accordingly.
