Clark Nevada Motion to Dismiss Counts of Indictment

Name: Clark Nevada Motion to Dismiss Counts of Indictment
Brand: US Legal Forms
Rating: 4.69 (243 reviews)

Category:

Criminal - Dismissals

State:

Multi-State

County:

Clark

Control #:

US-02616BG

Format:

Instant download

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

To avoid having a preliminary hearing, prosecutors have two options. First, they can simply dismiss the case in municipal court with plans to present the case to a grand jury for indictment in the future. We often hear the term dismissed for future indictment.

The Prosecutor has six months to indict a Defendant for a felony charge. if the Grand Jury indicts the defendant, then the felony case is on the trial track. Time lines and procedural guidelines must be followed by the court.

The preliminary investigation is the police agency's first response to a report that a crime has occurred. As in every investigative effort, the primary objective of the preliminary investigation is to determine who committed the crime and to apprehend the offender.

Section 30.30 of New York Criminal Procedure Law entitles defendants charged with a felony or misdemeanor to a speedy trial.

1 A criminal action is instituted through the filing of a complaint before the prosecutor's office for offences which require a preliminary investigation, while criminal actions for other offences may be instituted through filing a complaint or an information (formal charge) in court.

? A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense

The right to a speedy trial applies to all New York criminal charges including, but not limited to, traffic tickets and misdemeanors. According to CPL 30.30, the prosecution must be ready to try a felony within 6 months.

(a) The accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently thereto. In such case, the court shall order his mental examination and, if necessary, his confinement for such purpose.

The first opportunity to dismiss the criminal case is at the Office of the Prosecutor. Immediately after filing the affidavit-complaint, the investigating prosecutor ?shall dismiss the case if he finds no ground to continue with the investigation? (Section 3 (b), Rule 112, Rules on Criminal Procedure).

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Clark filed several motions to suppress evidence and dismiss the indictment because of lost or destroyed evidence pursuant to State v. Denying the motion to dismiss the charge on speedy trial grounds.Motion to dismiss on speedy trial grounds. Final judgment is therefore entered, reversing this conviction and dismissing the indictment. (10) Hear all out-of-state consents to terminate parental rights in contemplation of an adoption. In a motion to dismiss under Fed. Each defendant separately filed a motion to dismiss counts of the Indictment applicable. Indictment for Grand Larceny in the First Degree . In the lots both ascertained actually and Walter S. Baker , for plaintiff in error . Jury selection will resume Wednesday.

Clark Nevada Motion to Dismiss Counts of Indictment

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