Form 65: Indictment Dismissal Brief

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

Form 65: Indictment Dismissal Brief

KENNETH VERCAMMEN
& ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
Attorney for D1

THE STATE OF NEW JERSEY

vs

D1 Defendant

SUPERIOR COURT OF NEW JERSEY COUNTY OF MIDDLESEX

Indictment No. 11-07-1083

BRIEF IN SUPPORT OF MOTION TO DISMISS INDICTMENT

KENNETH VERCAMMEN
& ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
Attorney for Defendant, D1

The grand jury was presented with no details regarding D1's involvement in this case. The prosecutor presented no evidence before the Grand Jury, other than D1 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. 212, 80 S. CT. 270, 4 L.Ed.2d 252 (1960). It has been recognized that this salutary purpose is frustrated when a defendant is compelled to bear...