Texas Motion to Dismiss Counts of Indictment

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Multi-State
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US-02616BG
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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

Once a prosecutor files information or obtains an indictment, the criminal case is now before the trial court. The prosecutor may still change his or her mind and move to dismiss the case. If the dismissal is ?without prejudice,? the District Attorney's office reserves the right to refile at a later date.

The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.

The purpose of filing a motion to quash is to challenge the legal sufficiency or validity of the document or proceeding in question. When a motion to quash is filed, the court will review the arguments and evidence presented by the party filing the motion, as well as any opposing arguments.

Quash means to set aside or to void. In a legal context, quash can be used to describe the process of terminating proceedings or motions or to describe the exclusion of evidence from trial.

What is a motion to quash? A motion to quash asks the court to confirm that you don't have to respond to a discovery request. In this case, the motion asks the court to confirm that you don't have to respond to discovery you received before the deadline for initial disclosures.

Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case. Judges can dismiss a case either on their own motion or on the motion of the defendant.

There are, however, some limitations on how long the case can be pending. First, if an indictment is not obtained within the first 90 days of a person being in custody or first 180 days of a person being on bond, the individual must be given a reasonable or personal recognizance bond.

Section 159.105 - Motions to Quash or for Protective Order (a) On behalf of a subpoenaed witness, a party may move to quash a subpoena or for a protective order. A party that moves to quash a subpoena must serve the motion on the other party at the time the motion is filed with SOAH.

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Texas Motion to Dismiss Counts of Indictment