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 motion to dismiss counts of indictment in Vermont is a legal document filed by a defendant, usually through their attorney, requesting the court to dismiss specific charges mentioned in an indictment. This motion asserts that the charges are legally insufficient or lack appropriate evidence to proceed to trial. By filing a motion to dismiss counts of indictment, the defendant aims to prevent the case from proceeding on those particular charges. There are several types of motions to dismiss counts of indictment that can be filed in Vermont: 1. Motion to dismiss based on a lack of jurisdiction: This type of motion asserts that the court does not have the authority or jurisdiction to hear the case. It could be due to various reasons, such as the alleged crime not occurring within Vermont's jurisdiction or the defendant not having sufficient contacts with the state. 2. Motion to dismiss for failure to state an offense: In this motion, the defendant argues that the charges outlined in the indictment do not actually describe a criminal offense under Vermont law. The motion challenges whether the alleged actions meet the required elements of the crime they are charged with. 3. Motion to dismiss for insufficient evidence: This motion contends that the evidence presented in the indictment is inadequate to support the charges. The defendant's attorney may argue that there is a lack of credible witnesses, contradictory evidence, or unreliable information that undermines the prosecution's case. 4. Motion to dismiss based on constitutional violations: This type of motion focuses on violations of the defendant's constitutional rights during the investigation or prosecution process. Possible constitutional violations could include illegal searches and seizures, Miranda rights violations, or violations of the right to counsel. 5. Motion to dismiss based on statute of limitations: If the alleged offense occurred outside the time frame allowed by Vermont law, the defendant may file a motion to dismiss on the grounds of statute of limitations. This motion argues that the prosecution waited too long to bring charges and that the case should be dismissed as a result. It is important to note that the specific requirements and procedures for filing a motion to dismiss counts of indictment in Vermont may vary, and it is advisable to consult an experienced attorney for proper legal guidance.
