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 Virgin Islands motion to dismiss counts of indictment is a legal document submitted to the court by the defendant, requesting the court to drop specific charges stated in the indictment. This motion argues that the charges lack sufficient evidence or fail to meet legal requirements, thus warranting their dismissal. Keywords: Virgin Islands, motion to dismiss counts of indictment, legal document, defendant, court, charges, evidence, legal requirements, dismissal. There can be different types of Virgin Islands motions to dismiss counts of indictment, depending on the grounds stated in the motion. Some common types include: 1. Lack of Probable Cause: This type of motion argues that there is insufficient evidence to establish probable cause for the charges brought against the defendant. It contends that the evidence presented in the indictment does not meet the required standard to support the continuation of the charges. 2. Violation of Constitutional Rights: This motion asserts that the defendant's constitutional rights, such as the Fourth Amendment protection against unreasonable searches and seizures or the Fifth Amendment protection against self-incrimination, have been violated during the investigation or arrest. By presenting evidence of these violations, the defendant seeks to dismiss the charges based on the infringement of their rights. 3. Failure to State an Offense: This type of motion argues that the charges specified in the indictment do not constitute a legally recognizable offense. It asserts that the facts and elements alleged in the indictment fail to meet the necessary legal criteria for the charges to be valid and should, therefore, be dismissed. 4. Prosecutorial Misconduct: This motion alleges misconduct by the prosecution, such as withholding evidence, tampering with witnesses, or engaging in unethical behavior. By presenting evidence of such misconduct, the defendant seeks to have the charges dismissed due to the unfair and prejudicial actions of the prosecuting party. 5. Double Jeopardy: This motion asserts that the defendant is being charged with the same offense twice, violating their constitutional protection against double jeopardy. It argues that the charges should be dismissed since the defendant has already been prosecuted or acquitted for the same crime in a prior proceeding. In conclusion, a Virgin Islands motion to dismiss counts of indictment is a legal document used by the defendant to request the court to drop specific charges mentioned in the indictment. It can be based on various grounds, including lack of probable cause, violation of constitutional rights, failure to state an offense, prosecutorial misconduct, or double jeopardy. These motions allow defendants to challenge the legality and sufficiency of the charges against them.
