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 Delaware Motion to Dismiss Counts of Indictment is a legal procedure used in the state of Delaware to request the court to dismiss specific charges or counts mentioned in an indictment. This motion is typically filed by the defendant or their attorney, and it is based on various legal grounds, such as lack of jurisdiction, insufficient evidence, statutory or constitutional violations, or failure to state an offense. One type of Delaware Motion to Dismiss Counts of Indictment is based on a lack of jurisdiction. In this case, the defendant argues that the court does not have the authority to hear the charges brought against them due to factors such as territorial jurisdiction or subject-matter jurisdiction. For example, if the alleged crime occurred outside Delaware's jurisdiction, the defense may file a motion asserting lack of territorial jurisdiction. Another type of motion is based on insufficient evidence. This motion asserts that the prosecution has not presented enough evidence to support the charges against the defendant. The defense may argue that there is a lack of witnesses, contradictory testimonies, or inadequate proof of the elements of the offense. It is important to note that a motion to dismiss based on insufficient evidence is often filed before the trial begins. A Delaware Motion to Dismiss Counts of Indictment can also be filed on grounds of statutory or constitutional violations. This type of motion challenges the legality of the charges by asserting that they violate specific laws or constitutional rights of the defendant. For example, if the charges are based on an unconstitutional law, the defense may request the court to dismiss them. Lastly, a motion to dismiss may be filed if the indictment fails to state an offense. This implies that the charges described in the indictment do not meet the legal requirements necessary to constitute a crime. The defense may argue that the elements of the alleged offense are not adequately addressed or that the charges are too vague, preventing the defendant from preparing an effective defense. In summary, a Delaware Motion to Dismiss Counts of Indictment is a legal tool used by defendants to challenge specific charges in an indictment. It can be based on different grounds such as lack of jurisdiction, insufficient evidence, statutory or constitutional violations, or failure to state an offense. By filing such a motion, the defendant seeks to have the court dismiss certain counts or charges against them.
