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.
A San Bernardino California Motion to Dismiss Counts of Indictment refers to a legal procedure used by defendants to request the dismissal of specific charges listed in an indictment. Indictment is a formal document issued by a grand jury, charging an individual or entity with specific criminal offenses. When the defense believes that certain counts or charges should be dismissed for various reasons, they can file a motion seeking the court's permission to have those charges dropped. There can be several types of San Bernardino California Motion to Dismiss Counts of Indictment, including: 1. Lack of Sufficient Evidence: Defendants may argue that there is insufficient evidence to support the charges leveled against them. This type of motion asserts that the prosecution has failed to present enough evidence to convince a reasonable jury that the defendant committed the alleged crimes. 2. Violation of Constitutional Rights: Defendants may claim that their constitutional rights, such as right to due process, search and seizure rights, or right to a fair trial, were violated during the investigation or legal proceedings. They can argue that these violations are grounds for dismissing specific counts of the indictment. 3. Double Jeopardy: If a defendant has already been tried or convicted for the same offense in a different jurisdiction or court, they can file a motion to dismiss based on the double jeopardy clause of the Fifth Amendment, stating that they cannot be tried twice for the same offense. 4. Statute of Limitations: Defendants can argue that the applicable statute of limitations has expired for specific charges. If the prosecution fails to bring charges within the legally specified timeframe, the defendant can seek dismissal of those counts. 5. Insufficiency of the Indictment: A motion can be filed if the defendant believes that the indictment itself is flawed or lacks specificity. This could include poorly defined charges, vague wording, or failure to list essential elements of the offense, making it difficult for the defense to prepare a proper defense. It is important to note that the specific procedures and requirements for filing a San Bernardino California Motion to Dismiss Counts of Indictment may vary depending on the local jurisdiction and the rules set by the court. Defendants are advised to consult with an attorney experienced in criminal law to determine the most appropriate grounds for dismissal and to navigate the legal process effectively.A San Bernardino California Motion to Dismiss Counts of Indictment refers to a legal procedure used by defendants to request the dismissal of specific charges listed in an indictment. Indictment is a formal document issued by a grand jury, charging an individual or entity with specific criminal offenses. When the defense believes that certain counts or charges should be dismissed for various reasons, they can file a motion seeking the court's permission to have those charges dropped. There can be several types of San Bernardino California Motion to Dismiss Counts of Indictment, including: 1. Lack of Sufficient Evidence: Defendants may argue that there is insufficient evidence to support the charges leveled against them. This type of motion asserts that the prosecution has failed to present enough evidence to convince a reasonable jury that the defendant committed the alleged crimes. 2. Violation of Constitutional Rights: Defendants may claim that their constitutional rights, such as right to due process, search and seizure rights, or right to a fair trial, were violated during the investigation or legal proceedings. They can argue that these violations are grounds for dismissing specific counts of the indictment. 3. Double Jeopardy: If a defendant has already been tried or convicted for the same offense in a different jurisdiction or court, they can file a motion to dismiss based on the double jeopardy clause of the Fifth Amendment, stating that they cannot be tried twice for the same offense. 4. Statute of Limitations: Defendants can argue that the applicable statute of limitations has expired for specific charges. If the prosecution fails to bring charges within the legally specified timeframe, the defendant can seek dismissal of those counts. 5. Insufficiency of the Indictment: A motion can be filed if the defendant believes that the indictment itself is flawed or lacks specificity. This could include poorly defined charges, vague wording, or failure to list essential elements of the offense, making it difficult for the defense to prepare a proper defense. It is important to note that the specific procedures and requirements for filing a San Bernardino California Motion to Dismiss Counts of Indictment may vary depending on the local jurisdiction and the rules set by the court. Defendants are advised to consult with an attorney experienced in criminal law to determine the most appropriate grounds for dismissal and to navigate the legal process effectively.
