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.
Maricopa, Arizona, is a county located in the southwestern region of the United States. When it comes to legal proceedings, one common legal action that can be pursued is a motion to dismiss counts of indictment. This motion acts as a formal request made by the defendant to dismiss specific charges brought against them in an indictment. A motion to dismiss counts of indictment in Maricopa, Arizona, is a legal maneuver that seeks to challenge the sufficiency of the charges brought against an individual or entity. The motion argues that the charges presented in the indictment lack legal merit, fail to meet the required burden of proof, or violate the defendant's constitutional rights. There are several types of motion to dismiss counts of indictment that can be filed in Maricopa, Arizona, based on the grounds on which the dismissal is being sought. Some common types include: 1. Insufficient Evidence: This type of motion argues that the prosecution has failed to present enough evidence to support the charges brought in the indictment. It asserts that the evidence provided is inadequate to move forward with the case. 2. Lack of Jurisdiction: A motion based on jurisdictional issues argues that the court lacks the authority to hear the case due to improper legal procedures or the absence of proper geographical or subject-matter jurisdiction. 3. Violation of Constitutional Rights: This type of motion contends that the charges in the indictment infringe upon the defendant's constitutional rights, such as a violation of the Fourth Amendment's protection against unreasonable searches and seizures or the Fifth Amendment's right against self-incrimination. 4. Double Jeopardy: A motion to dismiss based on double jeopardy asserts that the defendant is being charged with the same offense twice, which is prohibited by the Fifth Amendment's protection against double jeopardy. 5. Prosecutorial Misconduct: This type of motion alleges that the prosecution has engaged in unethical or improper behavior that warrants the dismissal of certain charges in the indictment. It is important to note that the specific types of motions available may vary depending on the jurisdiction and the nature of the case. When filing a motion to dismiss counts of indictment in Maricopa, Arizona, it is crucial to consult with an experienced attorney who specializes in criminal law to ensure the best possible outcome.
Maricopa, Arizona, is a county located in the southwestern region of the United States. When it comes to legal proceedings, one common legal action that can be pursued is a motion to dismiss counts of indictment. This motion acts as a formal request made by the defendant to dismiss specific charges brought against them in an indictment. A motion to dismiss counts of indictment in Maricopa, Arizona, is a legal maneuver that seeks to challenge the sufficiency of the charges brought against an individual or entity. The motion argues that the charges presented in the indictment lack legal merit, fail to meet the required burden of proof, or violate the defendant's constitutional rights. There are several types of motion to dismiss counts of indictment that can be filed in Maricopa, Arizona, based on the grounds on which the dismissal is being sought. Some common types include: 1. Insufficient Evidence: This type of motion argues that the prosecution has failed to present enough evidence to support the charges brought in the indictment. It asserts that the evidence provided is inadequate to move forward with the case. 2. Lack of Jurisdiction: A motion based on jurisdictional issues argues that the court lacks the authority to hear the case due to improper legal procedures or the absence of proper geographical or subject-matter jurisdiction. 3. Violation of Constitutional Rights: This type of motion contends that the charges in the indictment infringe upon the defendant's constitutional rights, such as a violation of the Fourth Amendment's protection against unreasonable searches and seizures or the Fifth Amendment's right against self-incrimination. 4. Double Jeopardy: A motion to dismiss based on double jeopardy asserts that the defendant is being charged with the same offense twice, which is prohibited by the Fifth Amendment's protection against double jeopardy. 5. Prosecutorial Misconduct: This type of motion alleges that the prosecution has engaged in unethical or improper behavior that warrants the dismissal of certain charges in the indictment. It is important to note that the specific types of motions available may vary depending on the jurisdiction and the nature of the case. When filing a motion to dismiss counts of indictment in Maricopa, Arizona, it is crucial to consult with an experienced attorney who specializes in criminal law to ensure the best possible outcome.
