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.

US Legal Forms
Localized Forms
New York
Queens
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

Format:

Instant download

Description

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.

View San Antonio Right of Entry and License Agreement

View this form

View San Antonio Minutes of a Special Meeting of the Members of a Limited Liability Company Authorizing Redemption of Member's Interest in Limited Liability

View this form

View San Antonio Lease Agreement for Mini-Storage

View this form

View San Antonio Resolution of Directors of a Close Corporation Authorizing Redemption of Stock

View this form

View San Antonio Affidavit of Domicile

View this form

How to fill out Queens New York Motion To Dismiss Counts Of Indictment?

Dealing with legal forms is a necessity in today's world. However, you don't always need to seek qualified assistance to draft some of them from scratch, including Queens Motion to Dismiss Counts of Indictment, with a platform like US Legal Forms.

US Legal Forms has over 85,000 templates to select from in various types ranging from living wills to real estate papers to divorce papers. All forms are arranged according to their valid state, making the searching process less overwhelming. You can also find detailed materials and tutorials on the website to make any activities associated with paperwork completion straightforward.

Here's how you can find and download Queens Motion to Dismiss Counts of Indictment.

Take a look at the document's preview and outline (if available) to get a general information on what you’ll get after getting the document.
Ensure that the template of your choosing is adapted to your state/county/area since state regulations can impact the legality of some documents.
Examine the related document templates or start the search over to find the right file.
Hit Buy now and register your account. If you already have an existing one, choose to log in.
Pick the pricing {plan, then a suitable payment gateway, and purchase Queens Motion to Dismiss Counts of Indictment.
Select to save the form template in any available format.
Visit the My Forms tab to re-download the file.

If you're already subscribed to US Legal Forms, you can find the appropriate Queens Motion to Dismiss Counts of Indictment, log in to your account, and download it. Needless to say, our platform can’t replace an attorney entirely. If you have to cope with an extremely complicated situation, we recommend using the services of a lawyer to examine your form before executing and filing it.

With more than 25 years on the market, US Legal Forms proved to be a go-to platform for various legal forms for millions of users. Become one of them today and get your state-compliant paperwork with ease!

Form Rating

4.69

Satisfied(243)

Form popularity

FAQ

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.

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)

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.

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.

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.

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.

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.

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.

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.

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.

Interesting Questions

More info

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

Description

Related forms

How to fill out Queens New York Motion To Dismiss Counts Of Indictment?

Show more info

Form Rating

Form popularity

FAQ

Why is hearsay inadmissible at a criminal trial?

What is the time limit for a speedy trial in Ohio?

Can hearsay be used in a court of law?

Does a superseding indictment restart the speedy trial clock?

Can an indictment be withdrawn?

What is the right to a speedy trial in Texas?

Are indictments handed up or down?

Can an indictment be based on hearsay?

Can hearsay evidence be used in all cases?

What are three exceptions to the hearsay rule?

Interesting Questions

What is Queens Motion to Dismiss Counts of Indictment637900?

Why would a district attorney file a motion to dismiss charges?

What does it mean when charges are dismissed?

What is the difference between dismissing a charge and dropping a charge?

Can any charge be dismissed?

What happens if the charges are dismissed?

More info

Trusted and secure by over 3 million people of the world’s leading companies