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 in Houston, Texas is a legal document filed by a defendant or their attorney in a criminal case. This motion seeks to have specific charges or counts listed in the indictment dismissed, either due to lack of evidence, legal errors, or other valid grounds. In Houston, as in other jurisdictions, there are various types of motions to dismiss that can be utilized depending on the circumstances of the case. Here are a few notable examples: 1. Insufficient Evidence: A defendant can file a motion to dismiss counts of the indictment if there is a lack of evidence to support those specific charges. This motion argues that the prosecution has failed to present enough credible evidence to sustain the charges and, therefore, the defendant should not be required to stand trial for those counts. 2. Double Jeopardy: If a defendant is facing multiple counts in the indictment that are based on the same underlying conduct or events, they can file a motion to dismiss based on double jeopardy. This motion argues that prosecuting the defendant for multiple counts arising from the same offense violates their constitutional right to be free from being punished twice for the same act. 3. Violation of Statute of Limitations: If the charges brought against a defendant in the indictment are time-barred due to the expiration of the statute of limitations, a motion to dismiss can be filed. This motion asserts that the prosecution's delay in bringing the charges has prejudiced the defense and violates the defendant's right to a fair trial. 4. Lack of Jurisdiction: Should the defendant believe that the court where the indictment was filed does not have the proper jurisdiction over the case, they can file a motion to dismiss based on lack of jurisdiction. This motion contests that the court lacks the authority to adjudicate the charges and therefore should dismiss those specific counts. 5. Constitutional Violations: A defendant may file a motion to dismiss counts if they believe their rights guaranteed under the U.S. Constitution or the Texas Constitution have been violated. This motion asserts that the charges in the indictment were brought about as a result of an unconstitutional search and seizure, coercion, or other misconduct by law enforcement. It is important to note that the success of a motion to dismiss counts of indictment in Houston, Texas, or any jurisdiction, depends on the specific circumstances and legal arguments presented. Each case is unique, and the decision ultimately rests with the presiding judge, who will carefully consider the merits of the motion and applicable law before making a ruling.A Motion to Dismiss Counts of Indictment in Houston, Texas is a legal document filed by a defendant or their attorney in a criminal case. This motion seeks to have specific charges or counts listed in the indictment dismissed, either due to lack of evidence, legal errors, or other valid grounds. In Houston, as in other jurisdictions, there are various types of motions to dismiss that can be utilized depending on the circumstances of the case. Here are a few notable examples: 1. Insufficient Evidence: A defendant can file a motion to dismiss counts of the indictment if there is a lack of evidence to support those specific charges. This motion argues that the prosecution has failed to present enough credible evidence to sustain the charges and, therefore, the defendant should not be required to stand trial for those counts. 2. Double Jeopardy: If a defendant is facing multiple counts in the indictment that are based on the same underlying conduct or events, they can file a motion to dismiss based on double jeopardy. This motion argues that prosecuting the defendant for multiple counts arising from the same offense violates their constitutional right to be free from being punished twice for the same act. 3. Violation of Statute of Limitations: If the charges brought against a defendant in the indictment are time-barred due to the expiration of the statute of limitations, a motion to dismiss can be filed. This motion asserts that the prosecution's delay in bringing the charges has prejudiced the defense and violates the defendant's right to a fair trial. 4. Lack of Jurisdiction: Should the defendant believe that the court where the indictment was filed does not have the proper jurisdiction over the case, they can file a motion to dismiss based on lack of jurisdiction. This motion contests that the court lacks the authority to adjudicate the charges and therefore should dismiss those specific counts. 5. Constitutional Violations: A defendant may file a motion to dismiss counts if they believe their rights guaranteed under the U.S. Constitution or the Texas Constitution have been violated. This motion asserts that the charges in the indictment were brought about as a result of an unconstitutional search and seizure, coercion, or other misconduct by law enforcement. It is important to note that the success of a motion to dismiss counts of indictment in Houston, Texas, or any jurisdiction, depends on the specific circumstances and legal arguments presented. Each case is unique, and the decision ultimately rests with the presiding judge, who will carefully consider the merits of the motion and applicable law before making a ruling.
