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Motion to Dismiss Counts of Indictment

Category:
Criminal - Dismissals
State:
Multi-State
Control #:
US-02616BG
Format:
Word; 
Rich Text
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Description Indictment Charges Meaning

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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Indictment Legal Definition Other Form Names

Indictment Document   Indictment Jury Duty   Indictment Form   Indictment Law   Indictment Template   Indictment Procedure   Indictment Court  

Indictment Grand Jury Meaning FAQ

The Federal Rules of Criminal Procedure allow the government or the court to dismiss any indictment, information, or complaint.The government may, with leave of court, dismiss an indictment, information, or complaint.

To overthrow; to annul; to make void or declare invalid; e.g., "quash a subpoena."In criminal cases, if an indictment is defective to such a degree that no judgment could be made if the defendant were to be convicted, the court typically will quash the indictment.

Typically, the losing party may appeal after the court has delivered its final judgment. In addition to appealing the final decision, the appellant can also appeal earlier rulings that were not definitive when they were issued.

A motion to dismiss (aka demurrer in some states) is a powerful litigation tool that can stop a lawsuit cold in its tracks. When granting a motion to dismiss, the judge essentially decides the case in the defendant's favor most often denying the plaintiff the opportunity to go to trial.

N. application by a defendant in a lawsuit or criminal prosecution asking the judge to rule that the plaintiff (the party who filed the lawsuit) or the prosecution has not and cannot prove its case.

Generally, however, a defendant must file a motion to dismiss before filing an "answer" to the complaint. If the motion to dismiss is denied, the defendant must still file their answer, usually within a shortened amount of time.The motion to dismiss must be filed with the court and served on the other party.

If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication.

Try to directly persuade a prosecutor that a charge should be dropped, cast doubt on an accuser, highlight conflicting evidence, and. provide a reality check on the potential success of brining a charge.

An order to dismiss a case can occur when the appellate court, having reversed the conviction on the grounds of a bad search or arrest, examines what's left of the case and determines that there is not enough evidence to warrant another trial.

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Motion to Dismiss Counts of Indictment
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