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.
In North Dakota, a Motion to Dismiss Counts of Indictment is a legal document filed by the defense in a criminal case to request the court to dismiss specific counts of the indictment. This motion challenges the validity of the charges brought against the defendant and seeks to have those counts dropped or dismissed. There are several types of North Dakota Motion to Dismiss Counts of Indictment that can be filed based on different legal grounds. These include: 1. Insufficient Evidence Motion: This type of motion argues that the prosecution has failed to present enough evidence to support the charges. The defense contends that the evidence is weak or lacks credibility, making it insufficient to proceed with those particular counts. 2. Constitutional Violation Motion: This motion asserts that the defendant's constitutional rights have been violated during the investigation, arrest, or prosecution process. It may allege violations of the Fourth Amendment (unlawful search and seizure), Fifth Amendment (self-incrimination), or Sixth Amendment (right to an attorney). 3. Double Jeopardy Motion: This motion contends that the defendant is being subjected to multiple prosecutions for the same offense, which is prohibited by the Fifth Amendment's double jeopardy clause. The defense argues that the multiple counts of the indictment are based on the same conduct or events, and therefore, some should be dismissed. 4. Statute of Limitations Motion: This motion argues that the charges against the defendant were filed beyond the applicable statute of limitations. The defense asserts that the prosecution missed the deadline to bring the charges, and therefore, those counts should be dismissed. 5. Defective Indictment Motion: This type of motion challenges the adequacy or clarity of the indictment itself. The defense argues that the charges are improperly or incompletely stated, making it unclear what specific actions or elements are being alleged. This motion seeks dismissal of those counts due to defects in the indictment. When filing a North Dakota Motion to Dismiss Counts of Indictment, the defense must provide detailed legal arguments supported by relevant case law, statutes, and factual evidence. The court will consider these arguments and ultimately decide whether to dismiss the specified counts or proceed with the trial. It is important to consult with an experienced criminal defense attorney to determine the most appropriate grounds for filing such a motion and to ensure it is properly executed.
