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 Nebraska, a Motion to Dismiss Counts of Indictment is a legal request made by the defense in a criminal case to have specific charges within an indictment dismissed. This motion, if successful, can result in the removal of certain counts from the overall charges against the defendant. One type of Nebraska Motion to Dismiss Counts of Indictment is known as a "Motion to Dismiss for Lack of Probable Cause." This type of motion argues that there is insufficient evidence presented in the indictment to establish a reasonable belief that the defendant committed the alleged offense. The defense may claim that the prosecution's case lacks the necessary facts, witnesses, or other evidence to support the charges at hand. Another type of Motion to Dismiss Counts of Indictment in Nebraska is a "Motion to Dismiss for Violation of Constitutional Rights." In this motion, the defense asserts that the charges should be dismissed because the defendant's constitutional rights have been violated during the investigation, arrest, or prosecution process. This could include violations of the Fourth Amendment (unlawful search and seizure), Fifth Amendment (self-incrimination), or Sixth Amendment (right to counsel) among others. A third type of Nebraska Motion to Dismiss Counts of Indictment is the "Motion to Dismiss for Prosecutorial Misconduct." This motion argues that the prosecutor engaged in improper conduct during the investigation, grand jury proceedings, or trial, which warrants the dismissal of certain charges. Examples of prosecutorial misconduct could include withholding exculpatory evidence, tampering with witnesses, or making false statements. It is important to note that the granting of a Motion to Dismiss Counts of Indictment is at the discretion of the court. The judge will carefully consider the arguments presented by the defense and the prosecution before making a decision. If a motion is granted, the dismissed counts may be dropped entirely, leaving the defendant facing a reduced number of charges, or it may result in a dismissal of the entire indictment, leading to the end of the case against the defendant. In summary, a Nebraska Motion to Dismiss Counts of Indictment is a legal tool used by the defense to seek the removal of specific charges from an indictment. These motions can be based on various grounds, such as lack of probable cause, constitutional rights violations, or prosecutorial misconduct. If successful, the charges may be dropped, resulting in a favorable outcome for the defendant.
