Alabama Motion to Dismiss Counts of Indictment

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Multi-State
Control #:
US-02616BG
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Word; 
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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.

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FAQ

Rule 7.3(a) provides mandatory conditions of release, which apply in every release order. Rule 7.3(b) allows the court the flexibility to fashion other conditions of release.

?An indictment must state the facts constituting the offense in ordinary and concise language, without prolixity or repetition, in such a manner as to enable a person of common understanding to know what is intended and with that degree of certainty which will enable the court, on conviction, to pronounce the proper ...

A speedy trial means that the defendant is tried for their alleged crimes within a reasonable time period.

Rule 3.13. Unlawfully seized property. (a) MOTION FOR RETURN OF PROPERTY. A person aggrieved by an unlawful search and seizure may move the court for the return of the property seized on the ground that he or she is entitled to lawful possession of the property which was illegally seized.

Art. I, § 6, Alabama Constitution of 1901, provides in pertinent part ?That in all criminal prosecutions, the accused has a right ? [to] a speedy, public trial, by an impartial jury of the county or district in which the offense was committed ?.?

If the grand jury finds probable cause to exist, then it will return a written statement of the charges called an "indictment." After that, the accused will go to trial. The grand jury normally hears only that evidence presented by an attorney for the government which tends to show the commission of a crime.

A preliminary hearing is a probable cause hearing. There is no jury, just the judge who decides if there is enough evidence to bind the case over to wait for the grand jury's action. The defense normally uses this to discover what evidence the state has against the defendant.

A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. It is a pretrial motion, heard by a judge. There is no jury involved. When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial.

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Alabama Motion to Dismiss Counts of Indictment