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.
Kings New York Motion to Dismiss Counts of Indictment refers to a legal process wherein the defense team in a criminal case requests the court to dismiss specific counts mentioned in the indictment against the defendant. This motion is typically filed in Kings County, New York, which is located in the state of New York. Countless criminal cases involve the submission of a motion to dismiss counts of indictment which include various types. Here are a few common types of Kings New York Motion to Dismiss Counts of Indictment: 1. Insufficient Evidence: This type of motion argues that the prosecution has failed to present enough credible evidence to support the charges mentioned in the indictment. The defense team challenges the sufficiency of the evidence and attempts to convince the court that the charges should be dismissed due to the lack of substantial proof. 2. Legal Deficiencies: This motion focuses on legal deficiencies present in the indictment itself. It may assert that the indictment does not clearly detail essential elements of the charges or fails to properly allege facts that constitute the crimes charged. The defense argues that these legal errors render the charges invalid and should be dismissed. 3. Violation of Constitutional Rights: This kind of motion asserts that the defendant's constitutional rights, such as due process or search and seizure rights, have been violated during the investigation or grand jury proceedings. The defense team argues that these violations taint the indictment and seek to dismiss the charges as a result. 4. Double Jeopardy: The defense may file this motion if they believe that the charges in the indictment constitute double jeopardy, meaning the defendant is being prosecuted twice for the same offense. By presenting evidence and legal arguments, the defense aims to persuade the court to dismiss the counts on this basis. 5. Prosecutorial Misconduct: If the defense can establish that the prosecutor engaged in misconduct during the indictment process, such as presenting false evidence or withholding exculpatory evidence, they may file a motion to dismiss. This motion highlights the prosecutor's conduct as grounds for dismissing the specific counts in the indictment. In summary, over the course of a criminal case in Kings County, New York, the defense team may file a Kings New York Motion to Dismiss Counts of Indictment using various legal arguments. These motions aim to persuade the court that specific charges in the indictment lack evidence, suffer from legal errors, violate constitutional rights, constitute double jeopardy, or are tainted by prosecutorial misconduct. Each motion type represents a unique approach to seek dismissal of charges against the defendant.Kings New York Motion to Dismiss Counts of Indictment refers to a legal process wherein the defense team in a criminal case requests the court to dismiss specific counts mentioned in the indictment against the defendant. This motion is typically filed in Kings County, New York, which is located in the state of New York. Countless criminal cases involve the submission of a motion to dismiss counts of indictment which include various types. Here are a few common types of Kings New York Motion to Dismiss Counts of Indictment: 1. Insufficient Evidence: This type of motion argues that the prosecution has failed to present enough credible evidence to support the charges mentioned in the indictment. The defense team challenges the sufficiency of the evidence and attempts to convince the court that the charges should be dismissed due to the lack of substantial proof. 2. Legal Deficiencies: This motion focuses on legal deficiencies present in the indictment itself. It may assert that the indictment does not clearly detail essential elements of the charges or fails to properly allege facts that constitute the crimes charged. The defense argues that these legal errors render the charges invalid and should be dismissed. 3. Violation of Constitutional Rights: This kind of motion asserts that the defendant's constitutional rights, such as due process or search and seizure rights, have been violated during the investigation or grand jury proceedings. The defense team argues that these violations taint the indictment and seek to dismiss the charges as a result. 4. Double Jeopardy: The defense may file this motion if they believe that the charges in the indictment constitute double jeopardy, meaning the defendant is being prosecuted twice for the same offense. By presenting evidence and legal arguments, the defense aims to persuade the court to dismiss the counts on this basis. 5. Prosecutorial Misconduct: If the defense can establish that the prosecutor engaged in misconduct during the indictment process, such as presenting false evidence or withholding exculpatory evidence, they may file a motion to dismiss. This motion highlights the prosecutor's conduct as grounds for dismissing the specific counts in the indictment. In summary, over the course of a criminal case in Kings County, New York, the defense team may file a Kings New York Motion to Dismiss Counts of Indictment using various legal arguments. These motions aim to persuade the court that specific charges in the indictment lack evidence, suffer from legal errors, violate constitutional rights, constitute double jeopardy, or are tainted by prosecutorial misconduct. Each motion type represents a unique approach to seek dismissal of charges against the defendant.
