North Dakota Motion to Dismiss Counts of Indictment

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

As in virtually all other states, North Dakota does not have a statute of limitations for murder. Additionally, when the victim of the crime is under the age of 15, the statute of limitations does not begin to run until he or she reaches 15. All misdemeanors in the state have a two-year statute of limitations.

Under federal law, a grand jury must be randomly selected from a "fair cross section of the community" in the location where the grand jury will convene. The names of potential jurors are drawn at random from lists of voters. The people whose names were chosen, unless exempt or excused, must appear before the court.

The first is a grand jury. This jury consists of a group of seven citizens convened for the purpose of determining whether there is sufficient evidence for a person who is accused of a crime to be brought to trial, as opposed to the county attorney filing a criminal charge.

A regular grand jury will hear a number of different cases during its term. A special purpose grand jury will focus on a specific case or event. They are rarely used and typically convened for complex, public corruption investigation.

Grand jurors for the U.S. District Court - District of Minnesota are selected at random from a fair cross section of the population of the entire state of Minnesota. Typically, grand jurors serve one day a week, three weeks per month, for a term of twelve to eighteen months.

?Dismissed to the grand jury,? for example, doesn't mean your case is dropped and you can go on your merry way. The phrase means the prosecution is presenting its case in secret to a grand jury, which will decide if enough evidence exists to charge you with a crime, instead of using the preliminary hearing procedure.

29-10.1-19. The grand jury may issue subpoenas or subpoenas duces tecum to any witness within the state. Subpoenas may also be issued by the state's attorney or prosecutor in the manner provided in the statutes or North Dakota Rules of Criminal Procedure.

29-19-02. Right to speedy trial. The right to a speedy trial in a criminal case in which the charging instrument contains a charge of a felony offense under section 19-03.1-23 or under chapter 12.1-20 is for the trial to begin within ninety days of the date the party elects this right.

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North Dakota Motion to Dismiss Counts of Indictment