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 Hennepin Minnesota Motion to Dismiss Counts of Indictment is a legal document filed by a defendant in a criminal case. This motion requests the court to dismiss specific counts or charges mentioned in the indictment, based on various legal grounds. The purpose of a Motion to Dismiss Counts of Indictment is to challenge the validity of certain charges against the defendant, arguing that they are legally insufficient or lack evidence to proceed with a trial. By filing this motion, the defendant seeks to have specific counts dismissed, potentially weakening the prosecution's case or reducing the charges they face. There are several types of Hennepin Minnesota Motion to Dismiss Counts of Indictment that a defendant can file, depending on the specific legal grounds for dismissal. These may include: 1. Insufficient Evidence: The defendant can argue that the prosecution has failed to present enough evidence to sustain a conviction on the specified counts and request their dismissal. 2. Lack of Jurisdiction: The defendant may claim that the court does not have the authority or jurisdiction to bring specific charges against them, leading to a request for dismissal. 3. Violation of Constitutional Rights: If the defendant's constitutional rights were violated during the investigation or arrest process, they can file a motion asserting that certain charges should be dismissed as a result. 4. Failure to State an Offense: This type of motion is filed when the defendant believes that the charges, as described in the indictment, do not satisfy all the elements required by law and thus should be dismissed. 5. Grand Jury Irregularities: If the defendant suspects irregularities or misconduct during the grand jury proceedings, they can seek dismissal of specific counts based on the compromised validity of the indictment. 6. Double Jeopardy: If the defendant has already been charged or convicted of the same offense in another jurisdiction, they can argue that double jeopardy protections prevent the charges from being pursued. 7. Statute of Limitations: This motion contends that the charges are time-barred, as they were filed beyond the established period prescribed by the relevant statute of limitations. It is important to note that the availability and viability of these motions will depend on the specific circumstances of the case and the applicable laws in Hennepin County, Minnesota. It is advised to consult with a qualified attorney to determine the most appropriate course of action based on individual circumstances.A Hennepin Minnesota Motion to Dismiss Counts of Indictment is a legal document filed by a defendant in a criminal case. This motion requests the court to dismiss specific counts or charges mentioned in the indictment, based on various legal grounds. The purpose of a Motion to Dismiss Counts of Indictment is to challenge the validity of certain charges against the defendant, arguing that they are legally insufficient or lack evidence to proceed with a trial. By filing this motion, the defendant seeks to have specific counts dismissed, potentially weakening the prosecution's case or reducing the charges they face. There are several types of Hennepin Minnesota Motion to Dismiss Counts of Indictment that a defendant can file, depending on the specific legal grounds for dismissal. These may include: 1. Insufficient Evidence: The defendant can argue that the prosecution has failed to present enough evidence to sustain a conviction on the specified counts and request their dismissal. 2. Lack of Jurisdiction: The defendant may claim that the court does not have the authority or jurisdiction to bring specific charges against them, leading to a request for dismissal. 3. Violation of Constitutional Rights: If the defendant's constitutional rights were violated during the investigation or arrest process, they can file a motion asserting that certain charges should be dismissed as a result. 4. Failure to State an Offense: This type of motion is filed when the defendant believes that the charges, as described in the indictment, do not satisfy all the elements required by law and thus should be dismissed. 5. Grand Jury Irregularities: If the defendant suspects irregularities or misconduct during the grand jury proceedings, they can seek dismissal of specific counts based on the compromised validity of the indictment. 6. Double Jeopardy: If the defendant has already been charged or convicted of the same offense in another jurisdiction, they can argue that double jeopardy protections prevent the charges from being pursued. 7. Statute of Limitations: This motion contends that the charges are time-barred, as they were filed beyond the established period prescribed by the relevant statute of limitations. It is important to note that the availability and viability of these motions will depend on the specific circumstances of the case and the applicable laws in Hennepin County, Minnesota. It is advised to consult with a qualified attorney to determine the most appropriate course of action based on individual circumstances.
