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 Hawaii Motion to Dismiss Counts of Indictment is a legal filing made by the defendant or their attorney in a criminal case. This motion aims to request the court to dismiss one or more specific counts listed in the indictment. It is essential to provide a detailed explanation and legal arguments supporting the dismissal based on various grounds, which may vary depending on the situation. Some common types of Hawaii Motion to Dismiss Counts of Indictment include: 1. Lack of Sufficient Evidence: The defense may argue that there is insufficient evidence to support the charges listed in the indictment. They may contend that the prosecution failed to present facts that establish the elements of the alleged offense beyond a reasonable doubt. 2. Violation of Constitutional Rights: The defendant may claim that their constitutional rights were violated during the investigation, arrest, or gathering of evidence. This could involve issues such as illegal search and seizure, coerced confessions, or denial of the right to an attorney. 3. Prosecutorial Misconduct: The defense may assert that the prosecution engaged in misconduct during the grand jury proceedings, such as misrepresentation of evidence, withholding exculpatory evidence, or improperly instructing the grand jury. 4. Defective Indictment: The motion may argue that the indictment itself is defective or fails to comply with legal requirements. This can include errors in charging language, insufficient detail about the alleged offenses, or mistaken identification of the accused. 5. Double Jeopardy: If the defendant has previously been tried or convicted for the same offense, they may invoke the protection against double jeopardy under the Fifth Amendment of the U.S. Constitution. They would argue that the charges should be dismissed because they constitute double jeopardy. When filing a Hawaii Motion to Dismiss Counts of Indictment, it is crucial to carefully research and cite relevant case law, statutes, and legal principles supporting the arguments. The motion should include a comprehensive analysis of the specific facts of the case and how they relate to the legal grounds for dismissal. The defense must also adhere to the procedural rules and deadlines set by the court for filing such motions.
