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 Bronx New York Motion to Dismiss Counts of Indictment is a legal document filed by a defendant in a criminal case to request the court to dismiss one or more charges made against them in an indictment. This motion is typically based on specific grounds, which can vary depending on the circumstances of the case. A successful motion to dismiss counts of indictment can result in the charges being dropped or reduced, significantly impacting the outcome of the case. Here are some important types of Bronx New York Motion to Dismiss Counts of Indictment: 1. Insufficiency of evidence: One common ground for a motion to dismiss counts of indictment is when the defendant believes that the evidence presented by the prosecution is insufficient to support the charges. This can include lack of witnesses, unreliable evidence, or unsupported allegations. 2. Violation of constitutional rights: A defendant may allege that their constitutional rights have been violated during the course of the investigation or arrest, therefore warranting the dismissal of the charges. This can include violations of the Fourth Amendment (unlawful search and seizure) or the Fifth Amendment (Miranda rights). 3. Failure to present a prima facie case: If the defendant can demonstrate that the prosecution has not presented a sufficient case to establish each element of the charged offenses, they can file a motion to dismiss. This can occur when crucial elements are missing, or the evidence falls short of what is required for a conviction. 4. Prosecutorial misconduct: If the defendant can provide evidence that the prosecutor has engaged in misconduct, such as withholding evidence or engaging in improper behavior during the trial, they may file a motion to dismiss. Such misconduct can significantly prejudice the defendant's right to a fair trial. 5. Double jeopardy: If the defendant can prove that they have already been tried and acquitted or convicted for the same offense, they can file a motion to dismiss based on the constitutional protection against double jeopardy. 6. Statute of limitations: A motion to dismiss counts of indictment based on the expiration of the statute of limitations argues that the charges were brought outside the legally prescribed time limit, and therefore should be dismissed. In conclusion, a Bronx New York Motion to Dismiss Counts of Indictment is a powerful legal tool utilized by defendants to challenge the charges leveled against them. It is important to consult with a knowledgeable attorney who can assess the specific circumstances and determine the most appropriate grounds for such a motion.A Bronx New York Motion to Dismiss Counts of Indictment is a legal document filed by a defendant in a criminal case to request the court to dismiss one or more charges made against them in an indictment. This motion is typically based on specific grounds, which can vary depending on the circumstances of the case. A successful motion to dismiss counts of indictment can result in the charges being dropped or reduced, significantly impacting the outcome of the case. Here are some important types of Bronx New York Motion to Dismiss Counts of Indictment: 1. Insufficiency of evidence: One common ground for a motion to dismiss counts of indictment is when the defendant believes that the evidence presented by the prosecution is insufficient to support the charges. This can include lack of witnesses, unreliable evidence, or unsupported allegations. 2. Violation of constitutional rights: A defendant may allege that their constitutional rights have been violated during the course of the investigation or arrest, therefore warranting the dismissal of the charges. This can include violations of the Fourth Amendment (unlawful search and seizure) or the Fifth Amendment (Miranda rights). 3. Failure to present a prima facie case: If the defendant can demonstrate that the prosecution has not presented a sufficient case to establish each element of the charged offenses, they can file a motion to dismiss. This can occur when crucial elements are missing, or the evidence falls short of what is required for a conviction. 4. Prosecutorial misconduct: If the defendant can provide evidence that the prosecutor has engaged in misconduct, such as withholding evidence or engaging in improper behavior during the trial, they may file a motion to dismiss. Such misconduct can significantly prejudice the defendant's right to a fair trial. 5. Double jeopardy: If the defendant can prove that they have already been tried and acquitted or convicted for the same offense, they can file a motion to dismiss based on the constitutional protection against double jeopardy. 6. Statute of limitations: A motion to dismiss counts of indictment based on the expiration of the statute of limitations argues that the charges were brought outside the legally prescribed time limit, and therefore should be dismissed. In conclusion, a Bronx New York Motion to Dismiss Counts of Indictment is a powerful legal tool utilized by defendants to challenge the charges leveled against them. It is important to consult with a knowledgeable attorney who can assess the specific circumstances and determine the most appropriate grounds for such a motion.
