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 Utah Motion to Dismiss Counts of Indictment is a legal document filed by the defense in a criminal case, seeking the dismissal of certain counts or charges mentioned in the indictment. This motion is typically based on legal and factual grounds, aiming to persuade the court that the charges lack sufficient evidence or that the prosecution has failed to meet legal requirements. In Utah, there are different types of Motions to Dismiss Counts of Indictment that can be filed. Some of these include: 1. Insufficient Evidence: This motion argues that the prosecution has not presented enough credible evidence to support the charges mentioned in the indictment. The defense may contend that the evidence is weak, unreliable, or insufficient to establish guilt beyond a reasonable doubt. 2. Violation of Constitutional Rights: This type of motion asserts that the indictment or charges infringe upon the defendant's constitutional rights. For example, the defense may argue that the charges resulted from an illegal search and seizure, violated the right to remain silent, or violated the right to legal counsel. 3. Prosecutorial Misconduct: This motion alleges that the prosecutor engaged in unethical conduct or violated legal rules during the investigation, trial, or grand jury proceedings. The defense may claim that the prosecutor presented manipulated or false evidence, engaged in prosecutorial misconduct, or withheld exculpatory evidence. 4. Lack of Jurisdiction: This motion challenges the court's authority to hear the case or assert jurisdiction over the specific charges. The defense may argue that the alleged crime did not occur within the court's jurisdiction or that the charges are outside the court's legal authority. 5. Double Jeopardy: This type of motion argues that the charges in the indictment violate the defendant's protection against double jeopardy, which prevents a person from being tried twice for the same offense. The defense may assert that the charges in the indictment overlap with or are the same as previous charges for which the defendant was acquitted or convicted. It's important to note that the specific grounds and types of motions available may vary depending on the circumstances of the case and the applicable laws. Consulting with a qualified criminal defense attorney in Utah is crucial to determine the most appropriate strategy and to draft a compelling Motion to Dismiss Counts of Indictment.A Utah Motion to Dismiss Counts of Indictment is a legal document filed by the defense in a criminal case, seeking the dismissal of certain counts or charges mentioned in the indictment. This motion is typically based on legal and factual grounds, aiming to persuade the court that the charges lack sufficient evidence or that the prosecution has failed to meet legal requirements. In Utah, there are different types of Motions to Dismiss Counts of Indictment that can be filed. Some of these include: 1. Insufficient Evidence: This motion argues that the prosecution has not presented enough credible evidence to support the charges mentioned in the indictment. The defense may contend that the evidence is weak, unreliable, or insufficient to establish guilt beyond a reasonable doubt. 2. Violation of Constitutional Rights: This type of motion asserts that the indictment or charges infringe upon the defendant's constitutional rights. For example, the defense may argue that the charges resulted from an illegal search and seizure, violated the right to remain silent, or violated the right to legal counsel. 3. Prosecutorial Misconduct: This motion alleges that the prosecutor engaged in unethical conduct or violated legal rules during the investigation, trial, or grand jury proceedings. The defense may claim that the prosecutor presented manipulated or false evidence, engaged in prosecutorial misconduct, or withheld exculpatory evidence. 4. Lack of Jurisdiction: This motion challenges the court's authority to hear the case or assert jurisdiction over the specific charges. The defense may argue that the alleged crime did not occur within the court's jurisdiction or that the charges are outside the court's legal authority. 5. Double Jeopardy: This type of motion argues that the charges in the indictment violate the defendant's protection against double jeopardy, which prevents a person from being tried twice for the same offense. The defense may assert that the charges in the indictment overlap with or are the same as previous charges for which the defendant was acquitted or convicted. It's important to note that the specific grounds and types of motions available may vary depending on the circumstances of the case and the applicable laws. Consulting with a qualified criminal defense attorney in Utah is crucial to determine the most appropriate strategy and to draft a compelling Motion to Dismiss Counts of Indictment.
