Yes. In many criminal cases, individual counts of an indictment can be dismissed before trial under the right circumstances. This is a common and important pretrial issue in criminal defense, and understanding how it works can shape the entire direction of a case.
Below is a clear, practical explanation of when and how individual counts may be dismissed, what legal standards apply, and why this matters to defendants facing multi-count indictments.
What Is an Indictment and What Are “Counts”?
An indictment is a formal charging document issued by a grand jury. It lists the criminal allegations the prosecution intends to pursue. Each separate allegation is called a count.
For example, a single indictment might include:
- Count 1: Possession of a controlled substance
- Count 2: Possession with intent to distribute
- Count 3: Related firearm offense
Each count stands on its own legally. That distinction is critical because a court can dismiss one or more counts while allowing others to move forward.
Yes, Individual Counts Can Be Dismissed Before Trial
Courts have the authority to dismiss individual counts of an indictment before trial without dismissing the entire case. This usually happens through a pretrial motion to dismiss filed by the defense.
The key point is this: dismissal is based on legal defects, not disputes about credibility or factual guilt. Judges do not decide who is telling the truth at this stage. They decide whether the law allows a particular count to proceed at all.
Common Reasons a Court May Dismiss a Count Before Trial
1. The Count Fails to State a Crime
Each count must allege every legal element of the offense. If the charging language is missing an essential element, the count is legally defective and subject to dismissal.
This often arises when:
- The statute is misapplied
- Required intent is not alleged
- The facts described do not match the charged offense
A court cannot allow a jury to consider a charge that does not legally exist as written.
2. The Count Is Unconstitutional
Some counts are dismissed because the statute or its application violates constitutional protections.
Examples include:
- Charges that violate due process
- Statutes that are vague or overbroad
- Counts based on unconstitutional searches or seizures
If a count depends entirely on unlawfully obtained evidence, dismissal may be appropriate before trial.
3. Statute of Limitations Has Expired
Every criminal offense has a filing deadline. If the prosecution brings a charge after the statute of limitations has run, that individual count must be dismissed, even if other counts are timely.
This issue is often overlooked but can be decisive in older or delayed prosecutions.
4. The Count Is Multiplicitous or Duplicative
An indictment may improperly charge the same offense multiple times in different counts. This is known as multiplicity.
Courts can dismiss or merge duplicative counts to prevent:
- Double punishment for the same conduct
- Jury confusion
- Unfair leverage during plea negotiations
5. Lack of Jurisdiction or Improper Venue
If the court lacks jurisdiction over a particular offense or the alleged conduct did not occur in the proper venue, that count may be dismissed even if the rest of the case remains intact.
What a Judge Cannot Do at This Stage
It is important to understand what cannot justify dismissing a count before trial.
A judge generally may not:
- Weigh evidence
- Decide witness credibility
- Resolve factual disputes
- Decide whether the defendant is guilty
Those issues are reserved for trial. Pretrial dismissal focuses strictly on legal sufficiency and procedural validity.
Can Some Counts Be Dismissed While Others Go to Trial?
Yes, and this happens frequently in multi-count indictments.
For example:
- A firearm count may be dismissed while drug counts remain
- A felony count may be dismissed, leaving only misdemeanors
- Enhancement counts may be removed while base offenses proceed
This narrowing of charges can significantly change sentencing exposure, trial strategy, and plea leverage.
Strategic Importance of Dismissing Counts Before Trial
Pretrial dismissal of individual counts can:
- Reduce potential jail or prison time
- Limit evidence the jury is allowed to hear
- Strengthen the defense’s negotiating position
- Clarify the issues the jury must decide
Even when a full dismissal is unlikely, targeted challenges to specific counts are often one of the most effective tools available to defense counsel.
Does This Apply in Maryland Criminal Cases?
Yes. Maryland courts routinely consider motions to dismiss individual counts before trial. These motions are particularly important in cases involving layered charging decisions, overlapping statutes, or aggressive charging practices.
Because procedural rules and appellate case law matter, these motions must be carefully drafted and precisely argued. A poorly written motion can be denied even when a valid issue exists.
Final Takeaway
So, can individual counts of an indictment be dismissed before trial? Absolutely.
Courts have clear authority to dismiss specific counts when they are legally defective, unconstitutional, untimely, or improperly charged. While judges will not decide guilt before trial, they will prevent legally invalid charges from ever reaching a jury.
If you are facing a multi-count indictment, early review of each count by an experienced criminal defense attorney is essential. The outcome of these pretrial motions can dramatically affect how your case proceeds and how much risk you ultimately face.
