Kentucky Motion to Dismiss Counts of Indictment

State:
Multi-State
Control #:
US-02616BG
Format:
Word; 
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Description

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.

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FAQ

After that hearing, the grand jury has 60 days to issue its indictment if you are in jail. On the 61st day you will be released from custody automatically. However, if you are not in jail, there is no limit on how long the grand jury can deliberate.

Under the rules of Criminal Procedure, the grand jury must indict the defendant within sixty days, or the defendant is discharged from bond and either released from custody, or their money is refunded.

(3) In any event, if a defendant has been held to answer, without being indicted, for longer than 60 days from the finding of probable cause pursuant to RCr 3.14(1), the circuit court shall, upon motion, thereupon make an order discharging such defendant from custody; or, if such defendant is free on bail that has not ...

A grand jury indictment is the formal start of criminal felony charges in Kentucky. Sometimes indictments happen unexpectedly, but other potential criminal defendants find themselves waiting for the other shoe to drop.

Failure to Indict: If you are charged with a felony in district court and after 6-months you have not been indicted, you may file for expungement. There is no filing fee. File the ?Failure to Indict? Form in the court you were charged.

An indictment merely alleges the commission of a felony. It does not mean that you have been found guilty. If you are indicted, you will appear before the Circuit Court for your arraignment. A "not guilty" plea will be entered and the court will set some additional court dates.

A: Sixty days applies to in custody only. There is no statute of limitations on a felony in Krntucky so you can be indicted at any time.

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Kentucky Motion to Dismiss Counts of Indictment