Nevada Motion to Dismiss Counts of Indictment

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Multi-State
Control #:
US-02616BG
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Word; 
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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

In Arizona, a grand jury shall consist of at least twelve, but not more than sixteen persons, nine of whom constitute a quorum for all proceedings before it (A.R.S. § 21-404). The selection process is overseen by the presiding judge of the county, who chooses prospective jurors from a pool of eligible citizens.

A grand jury indictment doesn't mean someone is guilty of a crime. The defendant still has the right to argue their case at trial. In district court, the prosecution must prove their case beyond a reasonable doubt ? a much higher standard than probable cause, for a guilty verdict.

If the Grand Jury delivers an indictment, a judge may issue either a summons ordering the defendant to appear in court or an arrest warrant authorizing law enforcement agencies to arrest the defendant.

?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. Criminal Defense Attorney FAQs criminaldefenseattorneyaaronblack.com ? faq criminaldefenseattorneyaaronblack.com ? faq

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. Rule 48. Dismissal | Federal Rules of Criminal Procedure | US Law cornell.edu ? rules ? frcrmp ? rule_48 cornell.edu ? rules ? frcrmp ? rule_48

TO ACCUSE SOMEONE OF SOMETHING A grand jury returned an indictment against a woman accused of acting as a foreign government agent. return an indictment against - Cambridge English Thesaurus with ... cambridge.org ? thesaurus ? return-an-i... cambridge.org ? thesaurus ? return-an-i...

Whether a defendant requests a jury or a judge to decide their fate when they proceed to trial impacts their conviction rate. Juries tend to acquit 14% of the defendants that come before them. Judges issue acquittals in at least 38% of the cases that they decide.

180 days after being arrested, if you have not been indicted, you can get any limitations on your liberty imposed as a condition of your bond removed. You may also be able to get the amount of your bond reduced, possibly even to a personal recognizance bond. Q: Out on bond been 180 days no indictment can they proceed with ... justia.com ? question ? 2022/11/28 ? out-... justia.com ? question ? 2022/11/28 ? out-...

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Nevada Motion to Dismiss Counts of Indictment