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.
In the legal system, a Motion to Dismiss Counts of Indictment is a legal document typically filed by the defense in a criminal case. This motion seeks to dismiss specific charges or counts listed in the indictment. In Georgia, like in many other jurisdictions, there are various types of motions to dismiss counts of indictment that can be filed by the defense. Let's explore some of these motions in more detail: 1. Motion to Dismiss for Lack of Jurisdiction: This motion challenges the court's authority to hear the case, asserting that it does not have the proper jurisdiction over the alleged offense. The defense may argue that the crime did not occur within the court's jurisdiction or that the charges do not fall under its purview. 2. Motion to Dismiss for Failure to State an Offense: This motion argues that the charges listed in the indictment do not actually constitute a crime. The defense may contend that the language used in the indictment fails to clearly outline the elements of the offense or that the alleged conduct does not meet the legal requirements for prosecution. 3. Motion to Dismiss for Violation of Statutory Rights: This motion asserts that the defendant's constitutional or statutory rights were violated during the grand jury proceedings leading to the indictment. The defense might claim that the prosecution withheld evidence, manipulated witnesses, or engaged in misconduct that warrants the dismissal of specific charges. 4. Motion to Dismiss for Lack of Sufficient Evidence: This motion challenges the strength of the evidence presented against the defendant. The defense may argue that the prosecution has insufficient proof to proceed with certain charges and that dismissal is necessary to protect the defendant's rights. 5. Motion to Dismiss for Prosecutorial Misconduct: This motion alleges that the prosecution engaged in unethical or improper conduct that significantly prejudices the defendant's right to a fair trial. The defense might argue that the prosecutor intentionally misled the grand jury or engaged in misconduct during the investigation, warranting the dismissal of certain charges. It's important to note that the viability and success of these motions may vary depending on the specific circumstances of each case. The defense attorney carefully examines the indictment, evidence, and legal principles to determine the most appropriate motion to file, if any. Judges evaluate these motions and make decisions on whether to dismiss specific counts or proceed with the case.
