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.
Keywords: Iowa, Motion to Dismiss, Counts of Indictment In Iowa, a Motion to Dismiss Counts of Indictment is a legal motion filed by the defense in a criminal case. This motion seeks to have one or more charges or counts listed in the indictment dismissed by the court. The purpose of filing a Motion to Dismiss Counts of Indictment is to challenge the legal sufficiency of the charges brought against the defendant. It is a strategic move by the defense to try and eliminate specific allegations from the case, potentially resulting in a reduced number of charges or even a dismissal of the entire case. There are different types of Iowa Motions to Dismiss Counts of Indictment that can be filed depending on the circumstances of the case: 1. Motion to Dismiss for Failure to State a Claim: This type of motion argues that the charges outlined in the indictment fail to state a legally viable offense. The defense contends that even if the allegations are true, they do not constitute a crime as defined by Iowa law. 2. Motion to Dismiss for Insufficient Evidence: This motion argues that there is not enough evidence presented in the indictment to support the charges. The defense claims that the prosecution has not provided enough facts or evidence to establish probable cause or a reasonable basis for the charges. 3. Motion to Dismiss for Violation of Constitutional Rights: This type of motion asserts that the defendant's constitutional rights were violated during the investigation, arrest, or indictment process. The defense argues that such violations make the charges invalid and require their dismissal. 4. Motion to Dismiss for Prosecutorial Misconduct: If the defense can prove that the prosecutor engaged in unethical behavior or misconduct that harms the defendant's rights, they can file this motion. The defense aims to have the charges dismissed due to the prosecutor's improper actions. 5. Motion to Dismiss for Speedy Trial Violation: If the defendant's right to a speedy trial, as guaranteed by the Sixth Amendment of the U.S. Constitution, has been violated, the defense can file this motion. The defense argues that the delay in proceedings has prejudiced the defendant's ability to receive a fair trial, warranting dismissal of the charges. It's important to note that the success of a Motion to Dismiss Counts of Indictment depends on various factors, including the specific legal arguments presented, the strength of the evidence, and the judge's interpretation of the law. The judge will evaluate the motion and make a decision based on the merits and applicability to the case.
