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.
Mecklenburg County, located in the state of North Carolina, follows a legal procedure known as a Motion to Dismiss Counts of Indictment. This process allows defendants to challenge specific charges listed in the indictment against them. When conducting a Motion to Dismiss, defendants assert that certain counts should be dropped due to various legal grounds such as lack of evidence, constitutional violations, or jurisdictional issues. In Mecklenburg County, there are different types of Motions to Dismiss Counts of Indictment that defendants can file, each targeting a distinct aspect of the charges brought against them. Some of these motions include: 1. Lack of Sufficient Evidence: Defendants may argue that the prosecution has failed to present enough evidence to support the specific counts outlined in the indictment. They seek to convince the court that, based on the available evidence, the charges should not proceed to trial. 2. Violation of Constitutional Rights: Defendants can challenge the constitutionality of the indictment, arguing that their rights under the United States Constitution or the North Carolina Constitution have been violated. These violations may involve allegations of illegal search and seizure, coerced confessions, or denial of the right to counsel. 3. Double Jeopardy: If defendants are facing charges for the same offense in multiple counts of the indictment, they may assert the defense of double jeopardy. This defense maintains that being tried multiple times for the same offense violates their constitutional right against being punished repeatedly for the same crime. 4. Lack of Jurisdiction: Defendants can file a Motion to Dismiss if they believe that the court does not have the proper jurisdiction over the charges. They argue that the court lacks the authority to hear the case due to factors such as improper venue or the absence of a connection between the alleged offense and Mecklenburg County. 5. Statute of Limitations: Defendants may argue that some charges brought against them are time-barred according to the applicable statute of limitations. They contend that the prosecution waited too long to bring the charges, and therefore, those specific counts should be dismissed. In Mecklenburg County, when a defendant files a Motion to Dismiss Counts of Indictment, a hearing is scheduled where both the defense and prosecution present their arguments to the presiding judge. The judge then decides whether to dismiss any counts of the indictment or allow them to proceed to trial. It is important to note that the specific procedures and requirements for filing and reviewing a Motion to Dismiss Counts of Indictment can vary depending on the jurisdiction and the specific facts of the case. Therefore, it is advisable for defendants in Mecklenburg County, North Carolina, to consult with an experienced criminal defense attorney who can provide guidance tailored to their unique circumstances.Mecklenburg County, located in the state of North Carolina, follows a legal procedure known as a Motion to Dismiss Counts of Indictment. This process allows defendants to challenge specific charges listed in the indictment against them. When conducting a Motion to Dismiss, defendants assert that certain counts should be dropped due to various legal grounds such as lack of evidence, constitutional violations, or jurisdictional issues. In Mecklenburg County, there are different types of Motions to Dismiss Counts of Indictment that defendants can file, each targeting a distinct aspect of the charges brought against them. Some of these motions include: 1. Lack of Sufficient Evidence: Defendants may argue that the prosecution has failed to present enough evidence to support the specific counts outlined in the indictment. They seek to convince the court that, based on the available evidence, the charges should not proceed to trial. 2. Violation of Constitutional Rights: Defendants can challenge the constitutionality of the indictment, arguing that their rights under the United States Constitution or the North Carolina Constitution have been violated. These violations may involve allegations of illegal search and seizure, coerced confessions, or denial of the right to counsel. 3. Double Jeopardy: If defendants are facing charges for the same offense in multiple counts of the indictment, they may assert the defense of double jeopardy. This defense maintains that being tried multiple times for the same offense violates their constitutional right against being punished repeatedly for the same crime. 4. Lack of Jurisdiction: Defendants can file a Motion to Dismiss if they believe that the court does not have the proper jurisdiction over the charges. They argue that the court lacks the authority to hear the case due to factors such as improper venue or the absence of a connection between the alleged offense and Mecklenburg County. 5. Statute of Limitations: Defendants may argue that some charges brought against them are time-barred according to the applicable statute of limitations. They contend that the prosecution waited too long to bring the charges, and therefore, those specific counts should be dismissed. In Mecklenburg County, when a defendant files a Motion to Dismiss Counts of Indictment, a hearing is scheduled where both the defense and prosecution present their arguments to the presiding judge. The judge then decides whether to dismiss any counts of the indictment or allow them to proceed to trial. It is important to note that the specific procedures and requirements for filing and reviewing a Motion to Dismiss Counts of Indictment can vary depending on the jurisdiction and the specific facts of the case. Therefore, it is advisable for defendants in Mecklenburg County, North Carolina, to consult with an experienced criminal defense attorney who can provide guidance tailored to their unique circumstances.
