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.
Philadelphia Pennsylvania Motion to Dismiss Counts of Indictment is a legal document filed by the defense in criminal cases in Philadelphia, Pennsylvania. It seeks to have certain counts or charges included in the indictment dismissed by the court. This motion is typically filed when the defense believes that the prosecution has failed to present sufficient evidence or has violated the defendant's constitutional rights. In Philadelphia, there are various types of motions to dismiss counts of indictment that can be utilized depending on the specific circumstances of the case. Some of these include: 1. Motion to Dismiss for Lack of Probable Cause: This motion argues that there is insufficient evidence to establish probable cause for the charges listed in the indictment. The defense must show that there is a lack of factual basis or reasonable belief to support the charges against the defendant. 2. Motion to Dismiss for Violations of Constitutional Rights: This motion asserts that the prosecution or law enforcement officials have violated the defendant's constitutional rights during the investigation or arrest, thereby tainting the indictment. Common constitutional violations may include illegal searches and seizures, Miranda rights violations, or coerced confessions. 3. Motion to Dismiss for Grand Jury Abuse: This motion alleges that the grand jury proceedings were tainted by prosecutorial misconduct, bias, or other irregularities that influenced the outcome of the indictment. The defense must provide evidence or arguments that demonstrate the abuse and seek dismissal of the charges affected by it. 4. Motion to Dismiss for Duplicitous or Multiplicities Charges: This motion argues that the indictment includes multiple counts that are redundant, overlapping, or duplicative of one another. The defense asserts that multiple charges for the same offense violate the Double Jeopardy Clause of the Fifth Amendment. When filing a Motion to Dismiss Counts of Indictment in Philadelphia, it is essential to present persuasive legal arguments supported by case law, statutes, and Constitutional provisions. The defense must convince the court that there are sufficient grounds to dismiss the charges, ultimately paving the way for a more favorable outcome for the defendant.Philadelphia Pennsylvania Motion to Dismiss Counts of Indictment is a legal document filed by the defense in criminal cases in Philadelphia, Pennsylvania. It seeks to have certain counts or charges included in the indictment dismissed by the court. This motion is typically filed when the defense believes that the prosecution has failed to present sufficient evidence or has violated the defendant's constitutional rights. In Philadelphia, there are various types of motions to dismiss counts of indictment that can be utilized depending on the specific circumstances of the case. Some of these include: 1. Motion to Dismiss for Lack of Probable Cause: This motion argues that there is insufficient evidence to establish probable cause for the charges listed in the indictment. The defense must show that there is a lack of factual basis or reasonable belief to support the charges against the defendant. 2. Motion to Dismiss for Violations of Constitutional Rights: This motion asserts that the prosecution or law enforcement officials have violated the defendant's constitutional rights during the investigation or arrest, thereby tainting the indictment. Common constitutional violations may include illegal searches and seizures, Miranda rights violations, or coerced confessions. 3. Motion to Dismiss for Grand Jury Abuse: This motion alleges that the grand jury proceedings were tainted by prosecutorial misconduct, bias, or other irregularities that influenced the outcome of the indictment. The defense must provide evidence or arguments that demonstrate the abuse and seek dismissal of the charges affected by it. 4. Motion to Dismiss for Duplicitous or Multiplicities Charges: This motion argues that the indictment includes multiple counts that are redundant, overlapping, or duplicative of one another. The defense asserts that multiple charges for the same offense violate the Double Jeopardy Clause of the Fifth Amendment. When filing a Motion to Dismiss Counts of Indictment in Philadelphia, it is essential to present persuasive legal arguments supported by case law, statutes, and Constitutional provisions. The defense must convince the court that there are sufficient grounds to dismiss the charges, ultimately paving the way for a more favorable outcome for the defendant.
