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.
Oakland County, Michigan is a suburban county located in the southeastern part of the state. With a population of over 1.2 million people, it is the second-most populous county in Michigan. Oakland County is known for its vibrant communities, thriving economy, and scenic natural beauty. A Motion to Dismiss Counts of Indictment is a legal document filed by a defendant in a criminal case in Oakland County, Michigan. This motion requests the court to dismiss specific counts or charges listed in the indictment against the defendant. Generally, a motion to dismiss is filed when the defendant believes that some or all of the charges are invalid, lacking evidence, or based on legal technicalities. There are various types of Oakland County Motion to Dismiss Counts of Indictment, including: 1. Motion to Dismiss for Lack of Probable Cause: This type of motion argues that there is insufficient evidence to support the charges brought against the defendant. The defense may claim that the prosecution has failed to present facts or evidence that establish probable cause for the charges. 2. Motion to Dismiss for Violation of Constitutional Rights: This motion asserts that the defendant's constitutional rights were violated during the investigation, arrest, or prosecution process. The defense might argue that the evidence was obtained through an illegal search and seizure, or that the defendant was denied their right to legal counsel. 3. Motion to Dismiss for Improper Grand Jury Proceedings: If the charges are based on an indictment issued by a grand jury, the defense can file a motion alleging that the grand jury proceedings were conducted improperly or unfairly. This might include claims of biased jury selection, improper instructions by the prosecutor, or the withholding of exculpatory evidence. 4. Motion to Dismiss for Double Jeopardy: This motion argues that the defendant is being tried for the same offense multiple times, which is prohibited by the Fifth Amendment of the United States Constitution. The defense may claim that the charges in the indictment are substantially similar to previous charges faced by the defendant. In the Oakland County legal system, a judge will review the motion to dismiss and decide whether to grant it. If the motion is granted, the counts of indictment specified in the motion will be dismissed, potentially leading to a partial or complete dismissal of the criminal charges against the defendant. It is important to note that each case is unique, and the outcome of a motion to dismiss will depend on the specific circumstances and arguments presented by the defense.Oakland County, Michigan is a suburban county located in the southeastern part of the state. With a population of over 1.2 million people, it is the second-most populous county in Michigan. Oakland County is known for its vibrant communities, thriving economy, and scenic natural beauty. A Motion to Dismiss Counts of Indictment is a legal document filed by a defendant in a criminal case in Oakland County, Michigan. This motion requests the court to dismiss specific counts or charges listed in the indictment against the defendant. Generally, a motion to dismiss is filed when the defendant believes that some or all of the charges are invalid, lacking evidence, or based on legal technicalities. There are various types of Oakland County Motion to Dismiss Counts of Indictment, including: 1. Motion to Dismiss for Lack of Probable Cause: This type of motion argues that there is insufficient evidence to support the charges brought against the defendant. The defense may claim that the prosecution has failed to present facts or evidence that establish probable cause for the charges. 2. Motion to Dismiss for Violation of Constitutional Rights: This motion asserts that the defendant's constitutional rights were violated during the investigation, arrest, or prosecution process. The defense might argue that the evidence was obtained through an illegal search and seizure, or that the defendant was denied their right to legal counsel. 3. Motion to Dismiss for Improper Grand Jury Proceedings: If the charges are based on an indictment issued by a grand jury, the defense can file a motion alleging that the grand jury proceedings were conducted improperly or unfairly. This might include claims of biased jury selection, improper instructions by the prosecutor, or the withholding of exculpatory evidence. 4. Motion to Dismiss for Double Jeopardy: This motion argues that the defendant is being tried for the same offense multiple times, which is prohibited by the Fifth Amendment of the United States Constitution. The defense may claim that the charges in the indictment are substantially similar to previous charges faced by the defendant. In the Oakland County legal system, a judge will review the motion to dismiss and decide whether to grant it. If the motion is granted, the counts of indictment specified in the motion will be dismissed, potentially leading to a partial or complete dismissal of the criminal charges against the defendant. It is important to note that each case is unique, and the outcome of a motion to dismiss will depend on the specific circumstances and arguments presented by the defense.
