If an allegation and an indictment contradicts it's self based on language is this grounds for dismissal?
the complaint or allegation from the person accusing me simply does not make the same statement as the grand jury indictment infact contradicts it's self is this grounds for a motion to dismiss?
Answers:
The complaint reflects the plaintiff's version of the incident, whereas the indictment is based upon the evidence and testimony presented before the grand jury. The indictment is not a statement of guilt or innocence, but rather an evaluation of the evidence. ... whether there is sufficient evidence to prosecute. I don't believe that a difference in the language or the way the claim is phrased can be grounds for dismissal.
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