Section 170.30. Motion to dismiss information, simplified information, prosecutor's information or misdemeanor complaint  


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  • 1.  After arraignment upon an information, a simplified information, a
      prosecutor's information or a misdemeanor complaint, the local  criminal
      court  may, upon motion of the defendant, dismiss such instrument or any
      count thereof upon the ground that:
        (a)  It is defective, within the meaning of section 170.35; or
        (b)   The defendant has received immunity  from  prosecution  for  the
      offense charged, pursuant to sections 50.20 or 190.40; or
        (c)    The  prosecution is barred by reason of a previous prosecution,
      pursuant to section 40.20; or
        (d)  The prosecution is untimely, pursuant to section 30.10; or
        (e)  The defendant has been denied the right to a speedy trial; or
        (f)  There exists some other jurisdictional  or  legal  impediment  to
      conviction of the defendant for the offense charged; or
        (g)    Dismissal  is  required  in  furtherance of justice, within the
      meaning of section 170.40.
        2.  A motion pursuant to this section, except  a  motion  pursuant  to
      paragraph  (e)  of  subdivision  one,  should  be made within the period
      provided by section 255.20.  A motion made pursuant to paragraph (e)  of
      subdivision  one  should  be  made prior to the commencement of trial or
      entry of a plea of guilty.
        3.  Upon the motion, a defendant who is in a  position  adequately  to
      raise  more  than  one ground in support thereof should raise every such
      ground upon which he intends to challenge the accusatory instrument.   A
      subsequent  motion  based  upon  such  a  ground  not  so  raised may be
      summarily denied, although the court, in the interest of justice and for
      good cause shown, may in its discretion entertain and dispose of such  a
      motion on the merits notwithstanding.