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 Motion to Dismiss Counts of Indictment in Illinois is a legal document filed by the defendant in a criminal case to challenge the validity of one or more charges brought against them by the prosecution. This motion seeks to have specific counts or charges dismissed from the overall indictment, arguing that they lack legal sufficiency or fail to meet the required elements to sustain a conviction. Keywords: Illinois, Motion to Dismiss, Counts of Indictment, defendant, criminal case, validity, charges, prosecution, legal sufficiency, required elements, conviction. There are different types of Motions to Dismiss Counts of Indictment that can be filed in Illinois. Some of these include: 1. Insufficient Evidence: A defendant may file a motion challenging the sufficiency of evidence presented by the prosecution to support the charges in the indictment. The motion argues that the evidence presented by the prosecution fails to establish a prima facie case against the defendant, thereby warranting dismissal of those specific counts. 2. Lack of Jurisdiction: A defendant may claim that the court lacks jurisdiction over certain counts of the indictment. This can be based on various grounds, such as challenging the location where the alleged offense occurred or arguing that the court lacks subject jurisdiction to handle certain charges. 3. Double Jeopardy: A motion asserting double jeopardy claims can be filed when a defendant is facing multiple charges that arise from the same act or conduct. The motion argues that prosecuting the defendant for these multiple counts would violate the constitutional protection against being tried twice for the same offense. 4. Failure to State Offense: This type of motion asserts that the indictment fails to clearly outline the specific elements of the criminal offense or fails to adequately connect the defendant's alleged actions with the specific charges, thus lacking sufficient information to proceed to trial. 5. Statute of Limitations: A defendant may argue that certain charges in the indictment are time-barred by the applicable statute of limitations. The motion asserts that the prosecution initiated the charges beyond the legally allowed time frame, rendering those specific counts invalid. It is important to note that the success of a Motion to Dismiss Counts of Indictment in Illinois depends on the specific facts and circumstances of each case, as well as the legal arguments presented by the defendant and the strength of the prosecution's case. Legal counsel should be sought to accurately navigate and file these motions in accordance with Illinois law.
