Vermont 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

The court shall make an order consistent with the record of the conference which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions ...

It provides for disclosure to the defendant of stated matters upon request, which may be made in writing or orally in open court at any time. Under the last sentence of the subdivision, if no request is made, the prosecutor must in any event disclose the items, or state that they do not exist, at the omnibus hearing.

A party or an attorney responsible for the issuance and service of a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.

Rule 41 - Search and Seizure (a) Authority to Issue Warrant. A search warrant authorized by this rule may be issued only by a judicial officer upon request of a law enforcement officer, an attorney for the state, or any other person authorized by law.

Rule 12 - Pleadings and Motions Before Trial; Status Conference (a) Pleadings and Motions. The pleadings in criminal proceedings are the indictment and the information, and the pleas of not guilty, guilty and nolo contendere.

Upon a defendant's request, the government must disclose to the defendant the substance of any relevant oral statement made by the defendant, before or after arrest, in response to interrogation by a person the defendant knew was a government agent if the government intends to use the statement at trial.

A defendant who wishes to offer an alibi, raise the issue of insanity or offer expert testimony relating to a mental disease, or defect or any other mental condition of the defendant bearing upon the issue of his or her guilt must give written notice thereof, together with the information required by subdivision (b) of ...

No witness may be deposed more than once regarding the same offense, or multiple offenses arising out of the same incident, regardless of the stage of the case, without approval of the court for good cause shown and a showing that other means are not available to obtain the information sought.

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Vermont Motion to Dismiss Counts of Indictment