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.
Tarrant Texas Motion to Dismiss Counts of Indictment is a legal process used in the Tarrant County court system to challenge the validity or sufficiency of certain charges outlined in an indictment. This motion is typically filed by the defense attorney on behalf of the defendant to seek dismissal of specific counts, which means removing those charges from the indictment. When a defendant believes that certain counts in the indictment lack legal basis, fail to meet the specific requirements, or are unsupported by evidence, they can file a motion to dismiss those counts. This motion aims to persuade the court that these charges should not proceed to trial due to various legal deficiencies. There are different types of Tarrant Texas Motion to Dismiss Counts of Indictment, including: 1. Motion to Dismiss for Lack of Jurisdiction: This type of motion argues that the court does not have the authority or jurisdiction to prosecute the defendant for specific counts listed in the indictment. It may claim that the alleged offense did not occur within the court's jurisdictional boundaries or that the court lacks jurisdiction over the particular crime charged. 2. Motion to Dismiss for Lack of Probable Cause: This motion asserts that there is insufficient evidence presented in the indictment to establish probable cause for the charged offenses. It argues that the prosecution has failed to provide enough facts or evidence to reasonably believe that the defendant committed the alleged crimes. 3. Motion to Dismiss for Failure to State an Offense: This motion challenges the wording or specificity of the charges outlined in the indictment. It asserts that the language used in describing the offenses is vague, overly broad, or fails to meet the legal requirements for defining a crime. 4. Motion to Dismiss for Constitutional Violations: This type of motion alleges that the defendant's constitutional rights, such as due process, equal protection, or freedom from unreasonable search and seizure, have been violated during the course of the investigation or indictment process. It seeks to dismiss the counts affected by these violations. It is important to note that the court will evaluate each motion to dismiss counts of indictment on its merits. The judge will consider legal arguments, review evidence, and assess the validity of the claims made by both the defense and the prosecution. Ultimately, the court will determine whether to grant the motion, dismiss certain counts from the indictment, or proceed to trial with all charges intact.
