![]() ![]() If the indictment fails to allege intent or knowledge, for example, and those elements are part of the crime charged, the indictment is faulty and should be dismissed. Validity of the Indictment or InformationĪn indictment may fail to allege all the elements necessary to state a crime or to support the charge against the defendant. If the defendant raises a constitutional objection as outlined above to their indictment or trial in a pre-trial motion and the motion is denied, a successful appeal will overturn the conviction. In some states, the statute’s constitutionality is challenged through a demurrer, the overruling of which supports an appeal to challenge the validity of the law and the trial. A defendant may seek to have such a case dismissed by filing a pre-trial motion. A defendant may not be tried and convicted of an offense if the statute defining the offense is unconstitutional, for example, overly broad or vague.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |