Kings New York Motion to Dismiss Counts of Indictment

State:
Multi-State
County:
Kings
Control #:
US-02616BG
Format:
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 general rule is that indictments cannot be amended in substance. "An amendment to an indictment occurs when the charging terms of an indictment are altered." United States v.

Simply put, a superseding indictment replaces an indictment that was previously returned. It can change, add or delete charges or counts of charges that were previously filed.

Grand juries are made up of approximately 16-23 members. Their proceedings can only be attended by specific persons. For example, witnesses who are compelled to testify before the grand jury are not allowed to have an attorney present. At least twelve jurors must concur in order to issue an indictment.

(1) The time resulting from an examination and hearing on competency and the period during which the defendant is incompetent to stand trial or incapacitated.

How Long Does a Grand Jury Have to Indict Someone? County prosecutors have 90 days from the date New Jersey charged you with a criminal offense to present evidence to a grand jury and receive an indictment against you. The state must try or resolve the case within 180 days of the date of the indictment.

The superseding indictment can include different charges, new charges, or add new defendants. Once the grand jury returns a superseding indictment, the superseding indictment replaces (supersedes) the original indictment.

Excludable periods of delay are in four general categories: delays caused by pretrial motions and interlocutory appeals, delays relating to defendants, delays caused by the unavailability of witnesses or defendants, and delays relating to continuances.

New charges added by a superseding indictment do not reset the speedy trial timetable for offenses either charged in the oriniginal indictment or required under double jeopardy principles to be joined with such charges.

Amending a Charge means the user Adds an Amended Charge which supersedes the original Charge. Amending Charges are most often done when a Prosecutor files documentation of a change in the Original Charge. Amending a Charge correctly will show the progression and historical documentation/reason for the change.

Under § 3161(h)(2) excludable time includes any delay caused by a written agreement between the government and the defendant that defers prosecution to allow the defendant to demonstrate good conduct. Such agreements must be approved by the court.

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Kings New York Motion to Dismiss Counts of Indictment