| name | motion-to-dismiss-indictment |
| title | Motion to Dismiss Indictment |
| description | Drafts motions to dismiss criminal indictments in federal and state courts. Covers defective indictments, statute of limitations, speedy trial, double jeopardy, prosecutorial misconduct, and jurisdictional defects. Use when the agent needs to challenge the legal sufficiency of criminal charges or draft a pre-trial dismissal motion. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/motion-to-dismiss-indictment |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | criminal |
| language | en |
| tags | ["drafting","litigation","motion"] |
Motion to Dismiss Indictment
Draft a defense motion to dismiss a criminal indictment on legal grounds, challenging the prosecution's ability to proceed.
Required Inputs
- Charging document — indictment or information to challenge
- Statutes charged — elements of each offense
- Procedural timeline — arrest, indictment, arraignment, continuances
- Grand jury materials — transcripts if available (jurisdiction-dependent)
- Dismissal grounds — specific legal basis (see below)
- Controlling authority — key case law in the jurisdiction
Quick Start
- Identify the strongest ground(s) for dismissal from the charging document and procedural record.
- Classify each ground as facial (indictment alone) or factual (requires evidentiary hearing).
- Draft using the output structure below.
- If factual disputes exist, include an evidentiary hearing request.
- Verify all citations or mark
[VERIFY].
Grounds for Dismissal
Defective Indictment (FRCP 7/12(b) or state equivalent)
- Fails to state an offense (missing essential element)
- Unconstitutionally vague (inadequate notice)
- Multiplicitous (same offense in multiple counts)
- Duplicitous (multiple offenses in single count)
- Constructive amendment (proof would differ materially from indictment)
Statute of Limitations
- Compare offense date, limitations period, and indictment date
- Address tolling: absence from jurisdiction, concealment, continuing offense
- Cite the specific limitations statute
Speedy Trial
Sixth Amendment — apply Barker v. Wingo factors: length of delay, reason, defendant's assertion, prejudice. For pre-indictment delay, use due process analysis.
Speedy Trial Act (18 U.S.C. §§ 3161–3174) (federal only):
- 30 days arrest → indictment; 70 days indictment/arraignment → trial
- Calculate excludable vs. non-excludable time
- Remedy: dismissal with or without prejudice
Double Jeopardy (Fifth Amendment)
- Prior prosecution for same offense; apply Blockburger same-elements test
- Collateral estoppel
- Note dual sovereignty exception (state/federal)
Prosecutorial Misconduct
