Fairfax Virginia Motion to Dismiss Counts of Indictment

State:
Multi-State
County:
Fairfax
Control #:
US-02616BG
Format:
Word; 
Rich Text
Instant download

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.

Free preview
  • Preview Motion to Dismiss Counts of Indictment
  • Preview Motion to Dismiss Counts of Indictment
  • Preview Motion to Dismiss Counts of Indictment

How to fill out Motion To Dismiss Counts Of Indictment?

Drafting documents, such as the Fairfax Motion to Dismiss Counts of Indictment, to oversee your legal matters is an arduous and time-consuming endeavor.

Numerous cases necessitate an attorney’s participation, which also renders this task quite expensive.

Nonetheless, you can manage your legal concerns independently and handle them yourself.

You can locate it in the My documents section in your account - accessible both on desktop and mobile.

  1. US Legal Forms is here to help.
  2. Our site offers over 85,000 legal documents tailored for various cases and life situations.
  3. We ensure each document adheres to the legal standards of each state, alleviating your concerns about potential legal issues related to compliance.
  4. If you're already familiar with our website and possess a subscription with US, you understand how simple it is to acquire the Fairfax Motion to Dismiss Counts of Indictment template.
  5. Simply Log In to your account, download the template, and customize it to your needs.
  6. Have you misplaced your document? No problem.

Form popularity

FAQ

A motion to strike the evidence in Virginia is a request made during a trial to remove certain evidence from consideration. This motion asserts that the evidence presented is inadmissible or lacks sufficient credibility. By understanding this concept, you can better grasp how it impacts your case, especially in relation to a Fairfax Virginia Motion to Dismiss Counts of Indictment. If you're facing such a situation, it's crucial to seek effective legal strategies to enhance your position.

If the court grants a motion craving oyer, unless the defendant has already filed an answer or another responsive pleading, the defendant must file an answer or another responsive pleading within 21 days after plaintiff files the document(s) for which oyer was granted, or within such shorter or longer time as the court

Requests for dismissal or non-suit of a pending case can be submitted by using the Request for Court Action Civil/Small Claims Division form, plaintiff's praecipe, endorsed order, or sufficient proof of the consent of all parties.

Where service is waived pursuant to Va. Code § 8.01-286.1, a motion to dismiss must be filed within sixty (60) days after the date the request for waiver was sent. If the defendant is outside the Commonwealth, the motion must be filed within ninety (90) days of the date the waiver was sent.

(i) A counterclaim may, subject to the provisions of Rule , be filed within 21 days after service of the summons and complaint upon the defendant asserting the counterclaim, or if service of the summons has been timely waived on request under Code §8.01-286.1, within 60 days after the date when the request for

A motion to dismiss is a formal request for a court to dismiss a case.

In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite. It's not dismissed forever.

The present rules allow the filing of a Motion to Dismiss on the basis of (a) lack of jurisdiction over the person of the defendant; (b) lack of jurisdiction over the subject matter; (c) improper venue; (d) lack of capacity to sue; (e) pendency of action between the same parties for the same cause; (f) cause of action

Trusted and secure by over 3 million people of the world’s leading companies

Fairfax Virginia Motion to Dismiss Counts of Indictment