Q: I was arrested in Oct if 23 and bonded out days later. I rec'd an indictment 11 mo later. Could I request a dismissal?
I also want to know if I have grounds for a counterclaim
A:
The timing does not provide a basis for requesting the dismissal of the indictment. A defendant in a criminal case cannot file a counterclaim.
If a criminal defendant ultimately prevails in the criminal case, he may file a separate civil lawsuit for malicious prosecution assuming the elements of that tort are met.
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