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 Virginia Motion to Dismiss Counts of Indictment is a legal document filed by a defendant in a criminal case, seeking to have specific counts of an indictment dismissed by the court. This motion challenges the validity and sufficiency of the government's case against the defendant, aiming to eliminate charges that the defendant believes lack merit, evidence, or legal basis. In Virginia, there are various types of Motions to Dismiss Counts of Indictment, which include: 1. Insufficient Evidence: This motion argues that the evidence presented by the prosecution is insufficient to support the charges in the specific counts of the indictment. 2. Legal Insufficiency: This motion claims that even if the evidence is accepted as true, it fails to establish a legally recognized offense and therefore, those counts should be dismissed. 3. Violation of Constitutional Rights: This motion asserts that the defendant's constitutional rights were violated during the course of the investigation, arrest, or prosecution. It may argue that evidence was obtained illegally, statements were coerced, or other violations of constitutional protections occurred. If successful, this motion can result in the suppression of evidence or dismissal of the affected counts. 4. Double Jeopardy: This motion contends that some charges in the indictment violate the defendant's constitutional right against double jeopardy. It argues that the charges being brought are duplicative or constitute multiple charges for a single criminal act, which is prohibited by the Fifth Amendment. 5. Prosecutorial Misconduct: This motion asserts that the prosecutor acted improperly or engaged in misconduct during the grand jury proceedings or during the course of the case. It may highlight actions such as withholding exculpatory evidence, tampering with witnesses, or introducing prejudicial evidence. Successful motions on these grounds can lead to the dismissal of the affected counts. When filing a Virginia Motion to Dismiss Counts of Indictment, it is crucial to adhere to the specific rules and procedures of the Virginia court system. The motion must contain a detailed argument, supported by legal citations, explaining why the counts should be dismissed. It should also address any counter-arguments raised by the prosecution and provide persuasive evidence to bolster the defendant's claims. Understanding the different types of motions available can help defendants and their attorneys effectively challenge the validity and strength of specific counts in an indictment. By utilizing these motions strategically, defendants can seek a favorable outcome in their criminal case, potentially leading to the dismissal of certain charges or a more favorable plea negotiation.
