Indictments

Indictments in the United States

Motion to Dismiss for Invalid Indictment or Other Charging Document

This motion arises when a defendant alleges that the process by which a charge was initiated against him was improper or invalid. For example, defendant has a right to be indicted by a Grand Jury pursuant to the Fifth Amendment if he is to be tried in an American federal court. A possible allegation could be that the Grand Jury did not contain a sufficient number of persons, or that the Government used false evidence during the Grand Jury proceeding. This motion must generally be made before trial, or is deemed waived. If an indictment or other charging document is deemed invalid, the Government can normally re-charge the defendant without violating the Double Jeopardy clause.

Indictments and the State Laws

Select from the list of U.S. States below for state-specific information on Indictments:

Resources

Further Reading


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