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.
Los Angeles, California is a diverse and vibrant city located on the western coast of the United States. It is known for its sunny weather, beautiful beaches, and thriving entertainment industry. However, aside from the pleasant lifestyle it offers, Los Angeles also prides itself on its robust legal system and the fair administration of justice. A Los Angeles Motion to Dismiss Counts of Indictment refers to a legal procedure that can be filed by a defendant in a criminal case. This motion seeks the dismissal of specific counts or charges listed in an indictment, which is a formal accusation by a grand jury that initiates a criminal prosecution. By filing this motion, the defendant argues that the charges lack legal merit, are flawed, or insufficiently supported by evidence, and therefore should be dismissed. There are various types of Los Angeles, California Motions to Dismiss Counts of Indictment, each addressing specific legal aspects or grounds for dismissal. Some common types include: 1. Lack of Probable Cause: This motion argues that the prosecution failed to present sufficient evidence before the grand jury to establish probable cause, the legal standard required to proceed with criminal charges. It asserts that the indictment is based on unsupported or unreliable information. 2. Exculpatory Evidence: This motion contends that the prosecution intentionally or unintentionally withheld or failed to disclose crucial evidence that could exonerate the defendant. It asserts that this failure prejudices the defendant's ability to mount an effective defense, rendering the entire indictment flawed. 3. Double Jeopardy Violation: This motion argues that the defendant is being subjected to multiple prosecutions for the same offense, which is prohibited by the Fifth Amendment of the U.S. Constitution. It asserts that the inclusion of specific counts in the indictment violates the defendant's rights against double jeopardy. 4. Defective Grand Jury Proceedings: This motion challenges the procedural irregularities or misconduct that occurred during the grand jury proceedings leading to the indictment. It can allege biased instructions, improper evidence presentation, or improper conduct by the prosecutor that undermines the fairness of the process. 5. Constitutional Violation: This motion argues that the indictment violates the defendant's constitutional rights, such as the right to due process, equal protection, or protection against self-incrimination. It asserts that the charges are legally defective or impermissible under the Constitution. It should be noted that the specific procedures and legal grounds for filing a Motion to Dismiss Counts of Indictment may vary depending on the jurisdiction and the case's unique circumstances. Therefore, it is crucial for defendants in Los Angeles, California, to consult with an experienced criminal defense attorney who can provide tailored legal advice and guidance throughout this complex process.
