Defendant moves the court to quash the indictment against him/her. Defendant argues that the indictment fails to supply required information, and the indictment is also vague and ambiguous and does not apprise the defendant of the charge against him/her with sufficient specificity to permit adequate preparation of a defense.
Massachusetts Motion to Quash Indictment
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The next step after a "true bill" vote and and an indictment is a Superior Court arraignment. The grand jury is the prosecution's territory. There is very little a suspected person can do to interfere. The rules of evidence do not apply.
Rule 41(b)(2) provides for involuntary dismissal upon motion of the defendant on one of two grounds: (1) failure to comply with the rules or any order of the court; or (2) in an action tried without a jury, if, upon the facts and the law, the plaintiff has shown no right to relief.
Any person who is imprisoned or whose liberty is restrained pursuant to a criminal conviction may at any time, as of right, file a written motion requesting the trial judge to release him or her or to correct the sentence then being served upon the ground that the confinement or restraint was imposed in violation of ...
The judge on motion of a defendant or on his own motion shall enter a finding of not guilty of the offense charged in an indictment or complaint or any part thereof after the evidence on either side is closed if the evidence is insufficient as a matter of law to sustain a conviction on the charge.
If the Appellate Division shall determine that an appeal is frivolous, or that either party has acted in bad faith in proceeding under these rules, it may award to the aggrieved party just damages and single or double costs, and such interest on the amount of the judgment as may be allowed by law.
A party may amend his pleading once as a matter of course at any time before a responsive pleading is served and prior to entry of an order of dismissal or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, he may so amend it at any time ...
Rule 29(a)(1), Illegal Sentences, provides that, within 60 days after a trial judge imposes a sentence, either the Commonwealth or the judge may move to revise or revoke that sentence if any part of the sentence is illegal.
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Sep 7, 2004 — The defendant may waive the right to be proceeded against by indictment by filing a written waiver of that right in the District Court prior to ... Jul 1, 1979 — To survive a motion to dismiss, an indictment (together with a bill of particulars, if any. See Rule13(b)) must describe the offense charged ...Counsel should especially consider a motion to dismiss for insufficient evidence when the issue being contested is a matter of law. Commonwealth v. Black, 403 ... Every criminal defendant must be prosecuted either by complaint—issued by a district court magistrate1—or by grand jury indictment.2 These charging ... the court. A party opposing a motion shall file in the same (rather than a separate) document a memorandum of reasons, including citation of supporting ... The Importance of Filing a Motion to Dismiss Criminal Charges in Massachusetts. If you could get your criminal case dismissed by filing a legal document called ... A simple step by step guide to filing a civil action in the United States District Court for the District of Massachusetts. Sep 20, 2019 — State to a pretrial confrontation so unnecessarily suggestive and conducive to irreparable mistaken identification as to deny the defendant due. ... the court (1) allowing a motion to dismiss an indictment or complaint. ... The Commonwealth may file a counter affidavit, and, as to matters contained in the ... Sep 30, 2021 — For purposes of a motion to dismiss, “the indictment must be viewed as a ... particularity to ensure that the prosecution will not fill in ...