Pima Arizona Motion to Dismiss Counts of Indictment

State:
Multi-State
County:
Pima
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.

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FAQ

Responding to a motion to dismiss in Arizona typically takes around 20 days from the date you receive the motion. This period allows you to carefully craft a well-rounded response that addresses the arguments presented. Timeliness is essential; delays can harm your position regarding the Pima Arizona Motion to Dismiss Counts of Indictment. If you require guidance on preparing your response, uslegalforms provides informative tools to help you succeed.

How to Write a Kick-Ass Motion Make an Outline.Keep Your Motion Simple.Maintain Credibility.Mind Your Citations.Focus on Facts.Keep Your Intro Short.Respect the Opposition.Write in English, Not Legalese.

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.

In Arizona, a party can ask a court to bring an end to a case at any point in the suit. They do this by filing a motion to dismiss. If the judge determines that the grounds presented are valid, they will terminate the action by granting the motion.

A Pima County Superior Court judge can grant restoration of civil rights under Arizona state law and has no authority to grant restoration of civil rights under federal law or under the laws of another state. If you want civil rights restored elsewhere, you must petition each state separately.

(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.

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

In Arizona, defendants can get a restoration of their civil rights after completing their felony sentence. If it was a first felony conviction, this happens automatically....Restoration of Civil Rights After an Arizona Criminal Conviction vote, hold public office, and. serve on a jury.

Fortunately, in Arizona, there are time limits for re-filing misdemeanor charges after dismissal without prejudice. The state has up to one year from the date of the offense or six months from the date of dismissal, whichever is longer, to re-file the charges.

To restore the right to possess a weapon the person must file an application with Superior Court in the county where you were convicted. A person with two or more Arizona felony convictions must file the applications to restore their civil liberties with Superior Court in the county where you were convicted.

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Pima Arizona Motion to Dismiss Counts of Indictment