North Carolina Motion to Dismiss Counts of Indictment

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US-02616BG
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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

§ 15A-641. Indictment and related instruments; definitions of indictment, information, and presentment. (a) Any indictment is a written accusation by a grand jury, filed with a superior court, charging a person with the commission of one or more criminal offenses.

The main difference between a conviction and an indictment is that an indictment only establishes whether or not there is enough evidence to charge a suspect with a crime. If so, the suspect must then actually be tried and convicted by a judge or jury in a criminal trial.

Specifically, after obtaining an indictment, prosecutors obtain an arrest warrant. The arrest warrant names the person prosecutors want to arrest and specifies a place and time for the arrest. It also lists the crimes alleged against the target of the arrest warrant.

The government may, with leave of court, dismiss an indictment, information, or complaint. The government may not dismiss the prosecution during trial without the defendant's consent.

An indictment is a formal accusation in a criminal case against someone suspected of committing a serious criminal offense. It's filed after the conclusion of a grand jury investigation, and formal charges follow.

The defendant's motion to dismiss for insufficient evidence challenges whether there is substantial evidence of each element of the offense and of the identity of the defendant as the perpetrator -- if not, the case is dismissed rather than going to the jury.

(a) The court on motion of the defendant must dismiss the charges stated in a criminal pleading if it determines that: (1) The statute alleged to have been violated is unconstitutional on its face or as applied to the defendant. (2) The statute of limitations has run.

True bill (also called true bill of indictment) refers to a decision to indict a criminal defendant by a Grand Jury.

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North Carolina Motion to Dismiss Counts of Indictment