Can an indictment be based on hearsay?

359-364. (a) An indictment based solely on hearsay evidence does not violate the provision of the Fifth Amendment that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . . . ." Pp. 361-363.

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Motion to Dismiss Counts of Indictment

Queens New York Motion to Dismiss Counts of Indictment

Name: Queens New York Motion to Dismiss Counts of Indictment
Brand: US Legal Forms
Rating: 4.69 (243 reviews)

Category:

Criminal - Dismissals

State:

Multi-State

County:

Queens

Control #:

US-02616BG

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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.

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A statement of birth, legitimacy, ancestry, marriage, divorce, death, relationship by blood or marriage, or similar facts of personal or family history, contained in a regularly kept record of a religious organization.

Hearsay is a statement by someone to a witness who, while testifying in court, repeats the statement. The statement is hearsay only if it is offered for the truth of its contents. In general, courts exclude hearsay evidence in trials, criminal or otherwise.

359-364. (a) An indictment based solely on hearsay evidence does not violate the provision of the Fifth Amendment that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . . . ." Pp. 361-363.

The prosecutor will be a strong advocate for convincing them to hand down an Indictment but the weight of the evidence presented should influence the members of the jury to meet the requirements for their decision to hand down an Indictment or not.

The Sixth Amendment to the United States Constitution guarantees the accused's right to a speedy trial. In addition, Article I, § 10 of the Texas Constitution guarantees the accused in all criminal prosecutions the right to a speedy and public trial.

There is an application to quash the indictment or to demur to the indictment: ss 17, 18, see Criminal Practice and Procedure NSW 2-s 17.1ff; Criminal Law (NSW) at CPA.

New charges added by a superseding indictment do not reset the speedy trial timetable for offenses either charged in the oriniginal indictment or required under double jeopardy principles to be joined with such charges.

Hearsay evidence is not admissible in court unless a statue or rule provides otherwise. Therefore, even if a statement is really hearsay, it may still be admissible if an exception applies. The Federal Rules of Evidence (FRE) contains nearly thirty of these exceptions to providing hearsay evidence.

A violation of this right could mean that the case against the defendant is wiped out. In Ohio, the speedy trial time limits are summarized below: Minor misdemeanor: 30 days (10 days if in jail) Misdemeanor of the fourth- or third-degree: 45 days (15 days if in jail)

The hearsay rule exists because hearsay statements are not reliable enough to serve as evidence in court, for two reasons: they are not made under oath, and the speaker is not subject to cross-examination by the other side in the litigation.

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Party to an appeal may file a motion in the appellate court to dismiss the appeal. (g) Defendant's Continued Custody or Release Status.Thug's attorney maintains Thug's rap label is not a street gang, and there's no basis to include the rapper in the indictment. Motions to Dismiss Indictment .

Queens New York Motion to Dismiss Counts of Indictment

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