Maine 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

The defendant and defendant's counsel, if any, shall appear at the dispositional conference. The State shall be represented at the dispositional conference by an attorney who has full authority to make decisions regarding disposition of, and sentencing recommendations regarding, the charges against the defendant.

A grand jury reviews evidence submitted by a prosecutor for the State of Maine (Assistant Attorney General) or a prosecutor representing the District Attorney's Office for a county or prosecutorial district to determine whether a person should be charged with a crime (issued as an indictment).

If the grand jury indicts you, as mentioned above, you will return to court for your arraignment ? the date upon which to enter a plea of guilty or not guilty. If the plea is guilty, you will be sentenced at that time.

Class D. Class D offenses include domestic violence assault cases, assault and OUI/DUI/DWI (drunk driving) offenses. Class D offenses carry a maximum penalty of up to 364 days of jail and a fine of up to $2000.

In Maine there are five classes of crime, Classes A, B, C, D and E. The Class A, B and C crimes are all considered "felonies" because if you are convicted of a Class A, B or C crime then you could stand to receive a sentence of jail in excess of one year.

Rule 41A - Motion to Suppress Evidence (a) Grounds of Motion. A defendant may move to suppress as evidence any of the following, on the ground that it was illegally obtained: (1) property; (2) statements of the defendant; (3) test results; (4) out-of-court or in-court eyewitness identifications of the defendant.

A Motion to Dismiss asks the judge to dismiss the plaintiff's case. The plaintiff's case is within the complaint, which is considered a pleading. A pleading is a formal document that starts or defends a lawsuit. The defendant's answer is also considered a pleading.

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Maine Motion to Dismiss Counts of Indictment