Arkansas Motion to Dismiss Counts of Indictment

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Multi-State
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US-02616BG
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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

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or on its own initiative at any stage of the action and upon such terms as are just.

Rule 9.2. (a) The judicial officer shall set money bail only after he determines that no other conditions will reasonably ensure the appearance of the defendant in court. (iii) the execution of a bond secured by the deposit of the full amount in cash, or by other property, or by obligation of qualified sureties. SUPREME COURT OF ARKANSAS arcourts.gov ? sites ? default ? files ? PC -- ... arcourts.gov ? sites ? default ? files ? PC -- ...

If a defendant fails to appear in response to a summons, the court may, and upon request of an attorney for the government must, issue a warrant. The court must issue the arrest warrant to an officer authorized to execute it or the summons to a person authorized to serve it. (b) Form. Rule 9. Arrest Warrant or Summons on an Indictment or Information cornell.edu ? rules ? frcrmp ? rule_9 cornell.edu ? rules ? frcrmp ? rule_9

Rule 41 - Dismissal of Actions (a)Voluntary Dismissal; Effect Thereof. (1) Subject to the provisions of Rule 23(e) and Rule 66, an action may be dismissed without prejudice to a future action by the plaintiff before the final submission of the case to the jury, or to the court where the trial is by the court.

In Arkansas the prosecution has o 12 months to bring you to trial if you are not incarcerated, or o 9 months if you are incarcerated. However, if you or your lawyer asks for more time to prepare your case, that time will not count as a delay of your right to a speedy trial.

Rule 8.1, "Prompt First Appearance," provides that "an arrested person who is not released by citation or by other lawful manner shall be taken before a judicial officer without unnecessary delay."z7 At the first appearance, the judicial officer must inform the defendant that: (1) he is not required to say anything, ...

Rule 37 - Failure to Make Discovery; Sanctions (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to all parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court. Rule 37 - Failure to Make Discovery; Sanctions, Ark. R. Civ. P. 37 casetext.com ? arkansas-rules-of-civil-procedure casetext.com ? arkansas-rules-of-civil-procedure

Rule 9.3 - Prohibition of Wrongful Acts Pending Trial, Ark. R. Rule 9.3 - Prohibition of Wrongful Acts Pending Trial, Ark. R. Crim. P. 9.3 casetext.com ? rule ? rule-9-the-release-decision casetext.com ? rule ? rule-9-the-release-decision

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Arkansas Motion to Dismiss Counts of Indictment