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 the state of Oregon, a Motion to Dismiss Counts of Indictment is a legal procedure that can be initiated by the defense in criminal cases. This motion allows the defense to request the court to dismiss specific counts of an indictment, which is a formal charging document issued by a grand jury. Keywords: Oregon, Motion to Dismiss Counts of Indictment, defense, criminal cases, legal procedure, grand jury, charges, court. There are two main types of Motions to Dismiss Counts of Indictment commonly seen in Oregon: 1. Pretrial Motion to Dismiss Counts of Indictment: This type of motion is typically filed before the trial begins. The defense presents arguments and evidence to the court, aiming to convince the judge that certain counts in the indictment should be dismissed due to various reasons, such as lack of evidence, improper grand jury proceedings, or constitutional violations. If the judge grants the motion, the counts specified will be dropped, potentially affecting the overall strength of the prosecution's case. 2. In-Trial Motion to Dismiss Counts of Indictment: This motion is filed during an ongoing trial when the defense believes that the prosecution has failed to present sufficient evidence to support specific counts of the indictment. The defense may argue that the evidence is weak, contradictory, or lacking in credibility. If the judge is convinced by the defense's arguments, they may dismiss the specific counts, relieving the defendant from potential charges associated with those counts. However, it's important to note that the trial will continue for the remaining counts unless a mistrial or other significant legal actions take place. It is crucial to understand that the approval or denial of a Motion to Dismiss Counts of Indictment solely rests with the judge's discretion. The judge will carefully review the arguments presented by the defense and consider the prosecution's response before making a decision. Factors such as legal precedents, evidentiary strength, and the overall impact on the case will influence the judge's ruling. In summary, a Motion to Dismiss Counts of Indictment is a significant legal tool in Oregon used by the defense during criminal cases. It allows the defense to challenge and request the court to drop specific counts mentioned in the indictment. Both pretrial and in-trial motions can be filed, each serving distinct purposes within the criminal proceedings.
