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 formal request made by the defense in a criminal case. This motion seeks to have specific charges against the defendant dismissed due to various legal reasons. In Indiana, there are several types of Motions to Dismiss Counts of Indictment, each with their own specific grounds. Here are a few common types: 1. Insufficiency of Evidence: This type of motion argues that the prosecution has failed to present enough evidence to support the charges in the indictment. The defense may claim that the evidence is weak, speculative, or lacks credibility, making it insufficient to proceed with the case. 2. Defective Indictment: This motion challenges the validity of the indictment itself. The defense alleges that the charging document is defective in some way, such as lacking essential facts, failing to properly outline the alleged offense, or violating the defendant's constitutional rights. 3. Statute of Limitations: The defense may file a motion asserting that the charges brought against the defendant fall outside the applicable statute of limitations. If the alleged crime occurred beyond the time limit set by law, the prosecution may be barred from pursuing those specific counts. 4. Double Jeopardy: This motion argues that the defendant is being subjected to multiple prosecutions or punishments for the same offense, violating their constitutional protection against double jeopardy. If the same conduct forms the basis of different charges or if the defendant has already been acquitted or convicted on similar charges, this motion may be filed. 5. Constitutional Violations: The defense may file a motion contending that the charges in the indictment stem from conduct that violates the defendant's constitutional rights. This could include illegal search and seizure, coerced confessions, or denial of a speedy trial. When filing a Motion to Dismiss Counts of Indictment in Indiana, the defense must provide legal arguments and supporting evidence to persuade the court that dismissal is warranted. The court will carefully review the motion, along with the prosecution's response, before making a decision. It is essential to note that the specific requirements and procedures for filing a Motion to Dismiss Counts of Indictment may vary depending on the jurisdiction. It is crucial to consult with a knowledgeable attorney who can provide guidance tailored to the particular circumstances of the case.
