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 motion to dismiss counts of indictment is a formal legal request made by the defendant or their attorney in a criminal case, specifically in the context of Dallas, Texas. This written filing seeks to have specific charges or counts against the defendant dismissed, either in part or in their entirety, based on certain legal grounds or lack of evidence. In Dallas, Texas, there are various types of motions to dismiss counts of indictment that can be filed depending on the circumstances of each individual case. Some of these motions include: 1. Insufficiency of Evidence: This motion argues that the prosecution lacks sufficient evidence to support the charges or counts in the indictment, thereby warranting dismissal. 2. Double Jeopardy: In cases where the defendant has already been subjected to a prior trial or punishment for the same offense, a motion based on double jeopardy can be filed seeking dismissal. 3. Violation of Constitutional Rights: This type of motion asserts that the defendant's constitutional rights were violated during the investigation, arrest, or prosecution, which can lead to dismissal of the counts in the indictment. 4. Prosecutorial Misconduct: If the prosecution engaged in unethical or improper conduct that substantially prejudiced the defendant's rights, a motion can be filed seeking dismissal of the affected counts. 5. Lack of Jurisdiction: When the court lacks the authority or jurisdiction to hear the charges brought against the defendant, a motion to dismiss based on lack of jurisdiction can be filed. 6. Failure to State an Offense: This motion argues that the charges in the indictment fail to properly state a criminal offense, and therefore, the counts should be dismissed. When filing a motion to dismiss counts of indictment in Dallas, Texas, it is crucial to comply with the local rules and procedures of the court. The motion must be supported by persuasive legal arguments, relevant case precedents, and any necessary evidentiary materials to strengthen the defendant's position. It is worth noting that the granting of a motion to dismiss counts of indictment is subject to the discretion of the judge overseeing the case. The judge will evaluate the merits of the motion, consider opposing arguments from the prosecution, and make a decision based on the applicable laws and evidence presented. In summary, a motion to dismiss counts of indictment in Dallas, Texas, serves as a legal mechanism for defendants to challenge the validity or sufficiency of charges brought against them. By using different types of motions, defendants can request the court to dismiss specific counts based on legal grounds, insufficient evidence, constitutional violations, jurisdictional issues, or other relevant factors.
