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 Massachusetts Motion to Dismiss Counts of Indictment is a legal document filed by the defense in a criminal case to request the court to dismiss one or more counts of the charges made against the defendant. This motion aims to argue that the prosecution's case lacks sufficient evidence or is legally defective, thereby warranting the dismissal of the specific counts. In Massachusetts, there are different types of motions to dismiss counts of indictment, each with its own specific grounds. These motions vary based on the nature of the alleged offense, the evidence presented by the prosecution, and the legal arguments raised by the defense. Here are some commonly used types: 1. Insufficiency of Evidence: This motion contends that the evidence presented by the prosecution is insufficient to support a conviction for the counts at hand. The defense must demonstrate that even viewing the evidence in the light most favorable to the prosecution, no reasonable jury could find the defendant guilty beyond a reasonable doubt. 2. Failure to State an Offense: This motion argues that the counts of indictment fail to adequately allege a crime or offense recognized by Massachusetts law. The defense may assert that the charges are legally flawed or do not meet the necessary elements required for conviction. 3. Violation of Constitutional Rights: This motion asserts that the defendant's constitutional rights, such as due process, were violated during the investigation, arrest, or prosecution stages. The defense may claim that the evidence was obtained unlawfully, or that the defendant was deprived of a fair trial, justifying the dismissal of the counts. 4. Double Jeopardy: This motion contends that the defendant is being prosecuted for the same offense multiple times, violating the constitutional protection against double jeopardy. The defense must establish that the counts in question arise from the same core criminal conduct, and they have been previously adjudicated or acquitted. 5. Brady Violation: This motion alleges that the prosecution failed to disclose exculpatory evidence (favorable to the defense) that could significantly impact the outcome of the case. The defense must demonstrate that the withheld evidence is both material and favorable to the defendant, and that its absence undermines the integrity and fairness of the trial. It is important to note that the success of a Massachusetts Motion to Dismiss Counts of Indictment heavily depends on the specific circumstances, strength of arguments, and the judge's discretion in evaluating the motion. Therefore, it is crucial for the defense to thoroughly research and analyze the evidence, legal precedents, and relevant Massachusetts laws while formulating and presenting the motion.
