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.
A New Hampshire Motion to Dismiss Counts of Indictment is a formal legal request made by the defendant's attorney to the court, seeking the dismissal of one or more counts of an indictment. This motion is typically filed after the defendant has been indicted by a grand jury and before the trial proceedings begin. It is important to note that specific rules and procedures governing a Motion to Dismiss Counts of Indictment may vary in different jurisdictions, including New Hampshire. In New Hampshire, there are different types of motions to dismiss counts of indictment that can be utilized, depending on the circumstances of the case. These may include: 1. Insufficiency of evidence: This type of motion argues that the evidence presented by the prosecution is insufficient to support the charges brought forth in the indictment. The defense may present legal arguments to challenge the credibility or admissibility of the evidence, asserting that it fails to meet the legal standard for a conviction. 2. Lack of probable cause: A motion asserting lack of probable cause argues that the prosecution failed to present sufficient evidence to establish a reasonable belief that the defendant committed the alleged crimes. The defense may contend that there was no probable cause for the initial arrest or that the evidence presented to the grand jury was inadequate. 3. Jurisdictional issues: A motion grounded on jurisdictional issues contends that the court lacks jurisdiction over the charges in the indictment. This could arise if the alleged offenses occurred outside the court's jurisdiction or if the charges are outside the court's jurisdictional authority. 4. Constitutional violations: A motion based on constitutional violations asserts that the defendant's constitutional rights, such as those guaranteed by the Fourth, Fifth, or Sixth Amendments, were violated during the indictment process. This could include allegations of unlawful search and seizure, denial of right to counsel, or violation of the right to due process. When filing a New Hampshire Motion to Dismiss Counts of Indictment, the defense must carefully craft legal arguments, citing relevant case law and statutes to support their claims. The motion should clearly outline the specific counts of the indictment being challenged and outline the legal basis for their dismissal. It is worth noting that the decision to grant or deny a Motion to Dismiss Counts of Indictment is at the discretion of the judge. If the judge grants the motion, the dismissed counts are removed from the case, potentially narrowing the scope of the charges the defendant will face at trial. Conversely, if the motion is denied, the case will proceed with all counts intact, and the defendant will need to prepare a defense for each charge. In conclusion, a New Hampshire Motion to Dismiss Counts of Indictment is a crucial legal tool for the defense in challenging the validity of the charges brought against a defendant. With various types of motions available, defendants can seek to have specific counts of an indictment dismissed, potentially impacting the outcome of the case significantly. It is essential to consult with an experienced criminal defense attorney to determine the most appropriate strategy and arguments to support a successful motion.
