Form 26: Motion to Dismiss Indictment

• Library: Criminal Law Forms (ABA) (2013 Ed.)

Form 26: Motion to Dismiss Indictment

KENNETH VERCAMMEN
& ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
Attorney for Robert Arthur

THE STATE OF NEW JERSEY
vs
Robert Arthur Defendant

SUPERIOR COURT OF NEW JERSEY COUNTY OF MIDDLESEX

Indictment No. 11-07-1 083

BRIEF IN SUPPORT OF MOTION TO DISMISS INDICTMENT

KENNETH VERCAMMEN
& ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
Attorney for Defendant, Robert Arthur

The grand jury was presented with no details regarding Robert Arthur's involvement in this case. The prosecutor presented no evidence before the Grand Jury, other than Robert Arthur living in an upstairs room.

LEGAL ARGUMENT

POINT I

It is a fundamental principle of constitutional law that no person shall be required to stand trial for a criminal offense absent proper presentment and indictment by a grand jury. N.J. CONST. art. I and U.S. CONST. amend V. The grand jury has historically acted as the citizens' shield from patently frivolous prosecutions. Stirone vs. United States, 361 U.S. 21 2, 80 5. CT. 270, 4 L.Ed.2d 252 (1 960). It has been...