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.
Allegheny County, located in the state of Pennsylvania, is known for its bustling city life, historic landmarks, and diverse communities. Within the legal system, a Motion to Dismiss Counts of Indictment may be filed in Allegheny County, just as it can be in other jurisdictions in the state. A Motion to Dismiss Counts of Indictment is a legal document submitted by the defendant or their attorney in a criminal case. It challenges the validity or sufficiency of specific charges listed in the indictment. This motion seeks to have certain counts dismissed from the case, either due to a lack of evidence, procedural errors, or other legal grounds. In Allegheny County, potential grounds for filing a Motion to Dismiss Counts of Indictment may include: 1. Lack of probable cause: This argument contends that the evidence presented in the indictment does not establish sufficient cause to believe the defendant committed the crimes charged. The motion asserts that there is no reasonable basis to proceed with these specific counts. 2. Double jeopardy: If the defendant has already been prosecuted or acquitted for the same offenses in another jurisdiction, they can file a motion citing the constitutional protection against double jeopardy. This argument asserts that the defendant cannot be tried twice for the same crime. 3. Violation of due process: This argument may be raised if the indictment or the grand jury proceedings violated the defendant's constitutional right to due process. It may contend that the prosecution engaged in misconduct, presented false evidence, or failed to disclose exculpatory evidence, thereby compromising the fairness of the case. 4. Failure to state an offense: A motion based on this ground argues that the counts listed in the indictment do not correctly represent a criminal offense under the applicable law. It asserts that the charges are legally insufficient and should be dismissed. It is important to note that the availability and specifications of Motion to Dismiss Counts of Indictment can vary based on the specific legal jurisdiction and the circumstances of the case. Therefore, it is crucial for defendants and their legal representatives to thoroughly research and understand the relevant laws and procedures in Allegheny County, Pennsylvania.Allegheny County, located in the state of Pennsylvania, is known for its bustling city life, historic landmarks, and diverse communities. Within the legal system, a Motion to Dismiss Counts of Indictment may be filed in Allegheny County, just as it can be in other jurisdictions in the state. A Motion to Dismiss Counts of Indictment is a legal document submitted by the defendant or their attorney in a criminal case. It challenges the validity or sufficiency of specific charges listed in the indictment. This motion seeks to have certain counts dismissed from the case, either due to a lack of evidence, procedural errors, or other legal grounds. In Allegheny County, potential grounds for filing a Motion to Dismiss Counts of Indictment may include: 1. Lack of probable cause: This argument contends that the evidence presented in the indictment does not establish sufficient cause to believe the defendant committed the crimes charged. The motion asserts that there is no reasonable basis to proceed with these specific counts. 2. Double jeopardy: If the defendant has already been prosecuted or acquitted for the same offenses in another jurisdiction, they can file a motion citing the constitutional protection against double jeopardy. This argument asserts that the defendant cannot be tried twice for the same crime. 3. Violation of due process: This argument may be raised if the indictment or the grand jury proceedings violated the defendant's constitutional right to due process. It may contend that the prosecution engaged in misconduct, presented false evidence, or failed to disclose exculpatory evidence, thereby compromising the fairness of the case. 4. Failure to state an offense: A motion based on this ground argues that the counts listed in the indictment do not correctly represent a criminal offense under the applicable law. It asserts that the charges are legally insufficient and should be dismissed. It is important to note that the availability and specifications of Motion to Dismiss Counts of Indictment can vary based on the specific legal jurisdiction and the circumstances of the case. Therefore, it is crucial for defendants and their legal representatives to thoroughly research and understand the relevant laws and procedures in Allegheny County, Pennsylvania.
