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PC 995 Motion: Request to Dismiss a Felony after Preliminary Hearing

 

Penal Code 995 Motion to Dismiss in California

 

Penal Code “995 Motions” in California

In California state criminal prosecutions, a Penal Code 995 Motion is a defense motion asking the court to dismiss one or more felony counts on the grounds that they were improperly sustained at the preliminary hearing. The motion can be brought after the preliminary hearing but before trial.

A 995 motion (pronounced “nine-nine-five”) is essentially an appeal of the preliminary hearing judge’s decision to bind the case over for trial. Technically it is known as a “motion to set aside the information.” “Information” is the legal name for the criminal complaint in a California felony prosecution.

Thus a 995 motion asks the trial judge to “set aside” (dismiss) all or part of the complaint. The judge will grant the motion if there were insufficient legal grounds to bind the defendant over for trial.

What is a Preliminary Hearing?

A quick not about preliminary hearings: A preliminary hearing is similar to a mini-trial where the prosecutor must demonstrate to a criminal court judge that there is probable cause to believe that the defendant committed the alleged offense(s). Probable cause is a much lower burden than proof beyond a reasonable doubt (see below). The district attorney usually calls the arresting officers to testify at the preliminary hearing, but alleged victim’s can also be called to testify. The preliminary hearing has more relaxed evidentiary rules than a trial and there is no jury present at a preliminary hearing. If the district attorney is successful, the court will “hold the defendant to answer (for trial).” If the district attorney is not successful at the preliminary hearing the criminal charges will be dismissed without further request to the court.

Note: Sometimes, a defendant can be ‘held to answer’ on some crimes, but not all crimes alleged. If the defendant is charged with misdemeanor and felony crimes, and only the misdemeanor crimes are sustained at the preliminary hearing, then the defendant is not ‘held to answer’ on those crimes; rather, the case proceeds to trial or pretrial stage (case is usually set for pretrial in the misdemeanor court).

If the defendant is ‘held to answer’ after the preliminary hearing, then the district attorney will file a new criminal charges against the defendant. The new criminal charges are contained in a document called an “information.”

When Do I File a PC 995 Motion

A PC 995 motion is filed by the defendant after the defendant was “held to answer” to criminal charges by the judge at a preliminary hearing. A PC 995 motion must be heard before the start of a trial on the criminal allegations.

Will a Judge Grant My PC 995 Motion

As stated, a PC 995 motion is a request to have a judge reconsider another judge’s decision as to whether there is sufficient evidence to ‘hold the defendant to answer.’ Thus, PC 995 motions are usually difficult motions upon which to succeed. Nevertheless, a PC 995 motion will be granted if the criminal defendant can show that the earlier judge held the defendant to answer without probable cause, or that the defendant was illegal committed.

Probable Cause: Probable cause is defined as reasonable and strong suspicion, based on articulated facts, that demonstrate that the defendant is more likely than not guilty of the alleged offense. In essence, this means that a PC 995 motion asks a subsequent judge to reconsider the balance of evidence offered at the preliminary hearing. A judge is not likely to overturn the preliminary hearing judge’s decision without some articulated reason(s) listed in a PC 995 motion to dismiss.

Note: Probable Cause is not equal to “proof beyond a reasonable doubt.” This means that the defendant can be ‘held to answer’ on a criminal allegation (move forward to trial) without the judge making a determination as to whether the judge believes the defendant is guilty beyond a reasonable doubt. The ‘beyond a reasonable doubt’ language is a ‘burden of proof’ that the district attorney must meet at jury trial (or court trial) on the criminal allegations. For more information, see Insufficient Evidence Defense.

Common PC 995 “Lack of Probable Cause” Claims

A PC 995 motion to dismiss is common where the judge basis her ‘holding order’ decision on unreliable evidence at the preliminary hearing (i.e. clearly unreliable witness statements, use of multi-level hearsay, lack of foundation to introduce prosecution evidence, etc.).

Note: The “probable cause” standard applies to every element of the alleged felony offense. For example, if the defendant is charged with felony vandalism because the amount of the loss to the alleged victim is alleged to be above $950, but the district attorney shows no evidence of the amount of the loss to the alleged victim at the preliminary hearing, then the defendant may file a PC 995 motion to dismiss the felony vandalism allegation.

Illegal Commitment: A defendant is “illegally Committed” when she is denied certain rights at the preliminary hearing. These preliminary hearing rights include:

  • Right to a ‘continuous’ and uninterrupted preliminary hearing (no unreasonable delay once the preliminary hearing starts);
  • No attorney provided to the defendant during the preliminary hearing and/or no warning to the defendant that she has a right to a lawyer for the preliminary hearing;
  • No opportunity given to the defendant to cross-examine witnesses;
  • Due Process violation (i.e. failure of the district attorney to provide known exculpatory evidence before the preliminary hearing, use of illegally obtain evidence, failure to timely file the “information,” etc.), and more.

Note: The district attorney has 15 days from the last day of the preliminary hearing to file the “information” against the defendant. The information is the charging document that starts the case on the road to trial. A defendant will enter a plea as to the allegations in the “information” even though the defendant has already entered a plea at the arraignment stage. For this reason, the process of entering a plea on the “information” is called the “information arraignment.” The reason the defendant enters another plea in these felony cases is that the preliminary hearing will often, but not always, result in different charges than those criminal charges that started the defendant’s criminal case.

Example I: If the defendant was initially charged with one count of lewd and lascivious acts on a minor (PC 288(a)), but the preliminary hearing prosecutor is able to find more instances of PC 288(a) crimes committed by the defendant at the preliminary hearing, then the prosecution will likely add more PC 288(a) charges in the “information.”

Example II: David is arrested on suspicion of a Residential Burglary (PC 459/460). During the drive to the police station the arresting officer asks David questions about the alleged residential burglary. David is not Mirandized or given any warning that his statements could be used against him in a court of law. Later, at the preliminary hearing, the arresting officer testifies at the preliminary hearing as to David’s statements that were made in the police vehicle. Thereafter, the judge holds the defendant to answer (held to answer at trial for the allegations). Subsequently, David’s attorney files a PC 995 motion to dismiss because the defendant was held to answer based on illegally obtained evidence (use of David’s non-Mirandized statements at the preliminary hearing).

Note: If the only evidence used against the defendant at the preliminary hearing is illegally obtained evidence, then the PC 995 motion to dismiss should be granted. On the other hand, if the evidence used at the preliminary hearing was a mix of illegally obtained evidence and legally obtained evidence, and the legally obtained evidence is sufficient to find probable cause without the use of the illegally obtained evidence, then a PC 995 motion to dismiss based on illegal commitment should not be granted.

PC 995 Motion Granted: If the defendant is successful with her PC 995 motion to dismiss, then the charges against the defendant will be dropped. A PC 995 motion can be granted as to some criminal allegations and not granted as to other criminal allegations. This is common in sex crimes offenses such as lewd and lascivious acts against a minor (PC 288(a)), where the alleged victim is certain as to the number of times he was sexually violated according to the police report, but then at the preliminary hearing, the alleged victim changes his story or the officer indicates that the alleged victim was uncertain at the time of reporting the allegations.

Note: If the court reverses the preliminary hearing judge’s hold order, then the court “sets aside” the allegations. Thereafter, the district attorney may refile the allegation (two filing in most felonies is allowed [two felony dismissal rule]), or the district attorney can appeal the “set aside” decision. The district attorney may also elect to not prosecute any criminal allegations dismissed by the criminal defendant’s 995 motion and simply move forward with prosecution on any remaining felonies that were not dismissed pursuant to the same PC 995 motion. Also, there are some exceptions to the “two felony dismissal” rule.

Also, if the judge grants the defendant’s PC 995 motion to dismiss, and there are no pending allegations against the defendant, then the defendant is entitled to have his bail return (if any bail was staked with the court).

PC 995 Motion Denied: If the defendant’s PC 995 motion to dismiss is denied, then the defendant may appeal the court’s decision. There are strict time limitations when it comes to appealing a denied 995 motion. It is important to speak to a criminal defense lawyer at the earliest opportunity if your PC 995 motion is denied.

PC 995 Motion Process in a Nutshell

  • Defendant’s case advances to preliminary hearing (prelim). Keep in mind that many cases are plea bargained before preliminary hearing or are otherwise dismissed for other reasons (motion to dismiss for untimely prosecution, motion to dismiss in the interest of justice after a successful suppression motion, etc.).

  • The preliminary hearing judge finds there is sufficient evidence against the defendant such that the defendant should answer for allegations at the trial court level (i.e. “defendant held to answer” after prelim).

  • The defendant files a written PC 995 motion in the trial court to have the trial judge reconsider the preliminary hearing judge’s decision(s) [i.e. lack of probable cause or illegal commitment issues]. “Oral” PC 995 motion might be allowed, but not suggested.

  • If defendant loses her PC 995 motion the issue usually ends there; however, a defendant may file for a reconsideration of the trial court’s decision to deny her PC 995 motion. Strict time limitation apply to these appeals. If the defendant wins her PC 995 motion then the district attorney may also appeal, or simply move forward with prosecution on any felony that were not dismissed pursuant to the defendant’s 995 motion.

cited https://www.calcriminaldefenselawyers.com/post/pc-995-motion-request-to-dismiss-a-felony-after-preliminary-hearing

Penal Code 995 Law (Abbreviated)

  • PC 995(a) … the information shall be set aside by the court in which the defendant is arraigned, upon his or her motion, in either of the following cases:
  • PC 995(a)(2) If it is an information:
    • (A) That before the filing thereof the defendant had not been legally committed by a magistrate.
    • (B) That the defendant had been committed without reasonable or probable cause.
    • (b) In cases in which the procedure set out in subdivision (b) of Section 995a is utilized, the court shall reserve a final ruling on the motion until those procedures have been completed.

 

1. What is a Penal Code 995 motion?

A motion under California Penal Code 995 asks a trial judge to dismiss all or part of a criminal case.

It applies in cases in which:

  • All the charges are for felonies, or
  • The charges include both felony and misdemeanor charges.1

The motion may also apply to a prosecutor’s request for sentencing enhancements and/or allegations of special circumstances.

All the charges – including enhancements and special circumstances – must be supported by facts. The preliminary hearing judge must decide if those facts are strong enough to merit a trial.

If the defense believes the preliminary hearing judge decided incorrectly, they can bring a 995 motion. This asks the trial judge to review the preliminary hearing judge’s decision.

2. When can you make a 995 motion?

When a defendant is charged with a felony there is a preliminary hearing. At this hearing, a judge determines whether there is enough evidence to send the case to trial.2

If so, the judge will “hold the defendant to answer” for the crimes. This means the case can move forward. The prosecutor will then file an “information” (complaint) with the trial court.

Once the prosecutor files the information with the trial court, the defense can make a Penal Code 995 “motion to set aside the information.” This is usually done before any other California pretrial hearings.

In essence, the motion asks the trial judge to review the preliminary judge’s decision.

What Are Some Reasons Why a Motion to Dismiss Can Be Filed?

A motion to dismiss is often filed based on procedural reasons, rather than the merits of the claim. Some reasons a party might file a motion to dismiss include:

  • The statute of limitations has expired.
  • The court does not have jurisdiction over the parties or the subject matter of the case.
  • The venue, or location where the lawsuit was filed, is not proper.
  • The complaint was not served on the defendant properly.
  • The plaintiff failed to name a necessary party in the complaint, or named the wrong party.

The defendant might also file a motion to dismiss because the plaintiff failed to state a claim for which relief can be granted. In other words, the plaintiff has not alleged a valid cause of action or has failed to allege all of the elements required for a particular cause of action.

 

3. What are the legal grounds for a 995 motion?

The purpose of the preliminary hearing is to “weed out groundless or unsupported charges.”3

Charges are considered groundless or unsupported when:

  1. The defendant was illegally committed for trial, and/or
  2. The defendant was committed for trial without probable cause.

If either of these applies, the trial court will grant the motion to set aside the information.

Let’s take a closer look at what these two things mean.

3.1. The defendant was illegally committed for trial

A defendant is “illegally committed” when they are denied a substantial right during the preliminary hearing. Such rights include (but are not limited to):

  • The right to be represented by a lawyer;4
  • The right to be advised that they can be represented by a lawyer;5
  • The right to have the preliminary hearing conducted in “one session”;6 and
  • The right to present and cross-examine witnesses at the hearing.7

3.2. The defendant was committed without probable cause

The Due Process Clause of the Fourteenth Amendment requires that a judge have probable cause in California to try someone for a crime.

This means that a judge can only send a case to trial if the allegations in the complaint are supported by facts.8

The facts do not need to prove that the defendant is guilty beyond a reasonable doubt. That determination is for the jury (or, in a bench trial, the judge).

Though the facts must be sufficient enough that a reasonable person could have “an honest and strong suspicion that the defendant is guilty” of the crime(s) charged.9

As Palm Springs criminal defense attorney Michael Scafiddi10 explains:

“As long as there is some evidence that supports probable cause, a judge cannot grant a 995 motion.11 Still it is often worth bringing the motion anyway. A 995 motion is an opportunity to highlight weaknesses in the prosecution’s case at an early stage.”

3.3. Examples of specific defects

Lack of probable cause and illegal commitment can arise in a number of situations. Some of the most common include (but are not limited to):

3.3.1. Illegal evidence

Evidence of a crime may not be obtained by violating federal or California search and seizure laws. If the only evidence in the case came from an illegal search, the judge should grant the 995 motion.12

Example: The police pull Bill over for a broken brake light on his car. During the stop, Bill is polite and cooperative. He does not seem intoxicated. But the police tell Bill to open his trunk. Inside they find a bag of cocaine. Bill is arrested and charged with Health and Safety Code 11350, possession of a controlled substance and Health and Safety Code 11351, possession of drugs for sale.

But the police had no probable cause to suspect Bill of a crime. So ordering him to open his trunk was illegal. If there is no other evidence, the preliminary hearing judge should not set the case for trial. If they do, however, Bill’s California criminal defense attorney should be able to prevail on a 995 motion.13

3.3.2. Insufficient evidence

The prosecution must introduce facts to support every element of the charges, including:

  • All elements of each felony charge,
  • All elements of any misdemeanor charges,
  • Any basis for a sentencing enhancement, and
  • Grounds for a finding of special circumstances.

Example: Let’s say in the above example that Bill was acting suspicious. This gave the police probable cause to search his trunk. But the prosecutor presents no evidence of intent to sell (such as scales or separate baggies). The complaint simply contains the bare allegation that Bill intended to sell the cocaine. Since there are no facts to support the allegation, Bill’s 995 motion should be granted as to the possession for sale charge.14

3.3.3. “Fatal” findings of fact

Sometimes the preliminary judge makes a factual finding that tends to establish the defendant’s innocence.

A common example is a ruling that a key eyewitness is not credible.15 For instance,

  • a witness may not have been able to adequately identify the defendant because of poor lighting and distance from the crime scene, or
  • a witness may have testified only that the defendant “looked like” the perpetrator.16

If this is the only evidence supporting a complaint, the preliminary hearing judge should not commit the charge to trial. If they do, it is an error. The trial judge should grant the 995 motion.

3.3.4. Failure to provide discovery

The Due Process Clause requires a prosecutor to disclose any and all evidence that is favorable to the defendant.17 If they willfully fail to do so, the charges should be dismissed.

Example: When the police stop Bill in the example above, Bill tells them he borrowed the car from his neighbor. During their investigation, the police speak to several other people who tell them Bill asked to borrow a car from them earlier that evening. The prosecutor does not disclose this to Bill. Since their testimony could have helped prove that Bill was telling the truth, the failure to disclose it violates Bill’s due process rights.

3.3.5. Failure to file the information within the deadline

The prosecutor has only 15 days after the preliminary hearing in which to file the “information” (trial complaint) against the defendant.18

If the prosecutor does not file the complaint within 15 days of the preliminary judge’s order, the trial judge should grant the defendant’s 995 motion to dismiss the case.19

 

4. What charges can a motion to set aside the information apply to?

California preliminary hearings apply to felony complaints. If there are no felony charges, there is no preliminary hearing.

A criminal complaint often combines both felony and misdemeanor counts. It may also allege facts in support of:

The defense can use a 995 motion to challenge any of these counts, enhancements or circumstances, including the misdemeanors.20

5. What is the process for a Penal Code 995 motion?

The defense will typically file a 995 motion after the case is assigned to a trial judge and before any other pretrial proceedings.

The hearing on the motion does not take long – usually less than one hour. The defense attorney argues first, then the prosecutor. The defense attorney then has the opportunity to make a final argument.

The judge will usually issue a decision immediately after the arguments conclude. Though they may occasionally continue the case in order to consider the arguments further.

6. What happens if I win a 995 motion?

If the trial court grants a 995 motion, the affected charges will be dismissed. Though the prosecutor has the right to appeal the decision.

While the appeal is pending, the prosecutor can:

  • Proceed with a California jury trial or bench trial on the remaining counts (if any), or
  • Request a continuance of the trial until the appeal is resolved.21

Or the prosecutor can skip the appeal and simply re-file the charge(s) in a new complaint. Though California follows a “two dismissal” rule. Under this rule, charges that have been dismissed twice can generally not be prosecuted again.22

There are some exceptions to the two-dismissal rule. Your California criminal lawyer can explain the exceptions to you if you are in this situation.

6.1. What happens to my bail if my case is dismissed?

If all the charges are dismissed after a 995 motion, the court must either:

  • Refund the defendant’s California bail within 15 days,23 or
  • If the prosecutor refiles the charges, apply the bail to the new offense(s).24

7. What happens if I lose a 995 motion?

If the judge denies a 995 motion, the defendant has the right to appeal the decision. The time in which the appeal must be filed depends on the original grounds cited in the motion.

If the grounds were an illegal commitment, the defendant has until 60 days from the date of their California arraignment to file an appeal.25

If the grounds were commitment without probable cause, the appeal must be filed within 15 days of the judge’s denial of the 995 motion.26

If the defendant does not appeal or loses the appeal, the case will proceed toward trial.

 

Legal references:

  1. People v. Thiecke (1985) 167 Cal.App.3d 1015.
  2. California Penal Code 872 PC.
  3. People v. Superior Court (Mendella) 33 Cal.3d 754 (quoting People v. Brice (1982) 130 Cal.App.3d 201).
  4. People v. Napthaly (1895) 105 Cal. 641.
  5. People v. Miller (1932) 123 Cal.App. 499.
  6. People v. Bucher (1959) 175 Cal.App.2d 343.
  7. Jennings v. Superior Court of Contra Costa County (1967) 66 Cal.2d 867.
  8. People v. Chapple (2006) 138 Cal.App.4th 540.
  9. People v. Ingle (1960) 53 Cal.3d 407; see also Malleck v. Superior Court (1956) 142 Cal.App.2d 396.
  10. Palm Springs criminal defense attorney Michael Scafiddi uses his insider knowledge as a former police officer to represent clients throughout the Inland Empire, in San Bernardino and Riverside County courthouses, including the Murrieta Southwest Justice Center, Banning, Fontana, Joshua Tree, Barstow and Victorville.
  11. See Garabedian v Superior Court (1963) 59 C2d 124; Barber v Superior Court (1991) 1 CA4th 793.
  12. People v Lilienthal (1978) 22 C3d 891; People v Scoma (1969) 71 C2d 332; People v Sherwin (2000) 82 CA4th 1404.
  13. In re Justin B. (1999) 69 CA4th 879.
  14. People v Upton (1968) 257 CA2d 677).
  15. People v. Superior Court (Gibson) (1980) 101 Cal.App.3d 551.
  16. Vukman v Superior Court (1981) 116 CA3d 341, disapproved on other grounds in People v Cuevas (1995) 12 C4th 252.
  17. Brady v. Maryland (1963) 373 U.S. 83.  See also Izazaga v. Superior Court (1991) 54 Cal.3d 356.
  18. California Penal Code 1382 PC.
  19. People v. Ganger (1950) 97 Cal.App.2d 11.
  20. See, for example, People v Thiecke (1985) 167 CA3d 1015 (misdemeanors); Huynh v Superior Court (1996) 45 CA4th 891 (penalty enhancement allegations); People v Ghent (1987) 43 C3d 739 (special circumstance allegations).
  21. People v. Superior Court (Caudle) (1990) 221 Cal.App.3d 1190. See also California Rules of Court 8.112 and 8.116.
  22. California Penal Code 1387 PC.
  23. California Penal Code 977 PC.
  24. California Penal Code 1303 PC.
  25. California Penal Code 1510 PC.
  26. California Penal Code 999a PC.

cited https://www.shouselaw.com/ca/defense/penal-code/995-motion/

In California state criminal procedure, a motion to dismiss pursuant to Penal Code Section 995 gives the defendant the option of moving a trial court to dismiss their criminal case following a preliminary hearing at which the defendant was held to answer on one or more criminal charges.

In simple terms, a PC 995 motion to dismiss is a legal motion asking for the dismissal of a criminal case. It’s filed after a preliminary hearing in a felony case.

Under Penal Code 995, if the judge at the preliminary hearing incorrectly allowed the case to proceed, then a defendant’s criminal defense lawyer could file a PC 995 motion. This motion is asking the trial judge to partially or entirely dismiss the criminal complaint. In other words, the defense makes the motion after the preliminary hearing, but before a trial.

A 995 motion is an appeal of the preliminary hearing judge’s decision to set the case for trial and often called a “motion to set aside the information.” Typically, a judge will grant the motion if they find there were insufficient legal grounds to hold the defendant over for trial.

A 995 motion can’t be used to respond to a criminal complaint of only misdemeanor charges, but could be used if the charges include both felony and misdemeanor charges. This is because without a felony charge, there will be no preliminary hearing. Filing motions, such as a PC 995, is a crucial component in the criminal case process in California.

There are many situations where it’s appropriate to file a Penal Code 995 motion. However, the most common are a lack of probable cause and illegal commitment.

To give readers important information about a 995 motion to dismiss, our California criminal defense attorneys are providing an overview below.

PRELIMINARY HEARING AND PROBABLE CAUSE

At a preliminary hearing, the court hears evidence, usually from one or more police officers, regarding the basis for the defendant’s arrest. The preliminary hearing has many features of a jury trial, but also has important differences.

Most obviously, the preliminary hearing is held by a judge with no jury present. The judge is the finder of fact and resolves all credibility issues between witnesses. Second, and perhaps most importantly, the burden of proof, while still on the government, is much lower than at a jury trial.

We are all familiar with the “beyond a reasonable doubt” standard, the highest in the law, which applies at a criminal jury trial. At a preliminary hearing, conversely, the standard is only probable cause.

The preliminary hearing probable cause standard is stated in different ways by various appellate courts through time, but essentially it requires the government to put forth sufficient evidence that a reasonable person would find that the person being charges likely committed the crime.

This is a standard somewhere below 50%, which is known as a preponderance. For that reason, a preliminary hearing court can find that it is more likely than not that the defendant is not guilty, but still hold them to answer for the charge following preliminary hearing where the evidence raises a reasonable inference of guilt.

DEFENDANT COMMITTED WITHOUT PROBABLE CAUSE

The Fourteenth Amendment requires a judge have probable cause in California to try somebody for a crime. In other words, they can only send the case to trial if the allegations are not supported by facts. Again, the facts don’t have to prove defendant’s guilty beyond a reasonable doubt, but they have to be sufficient enough that a reasonable person would have a strong suspicion they are guilty of the crime charged.

A motion under Penal Code Section 995 therefore has to allege that the court could not have found a reasonable inference of guilt based on the evidence presented by the prosecution. While the burden of proof is low, it is still on the government.

Where the government’s case derives solely from information which requires speculation, conjecture, or guess-work in order to infer the defendant’s guilt, a dismissal pursuant to Penal Code Section 995 is proper. The trial court must also appraise the case in light of the whole record, not just isolated bits of evidence selected by the prosecution.

PROCESS FOR A PENAL CODE 995 MOTION

Procedurally, a Penal Code Section 995 motion is almost always brought before a trial court with a judge other than the one who presided over the preliminary hearing. Though this is not legally required, this procedure is preferable over having the same judge hear a Penal Code Section 995 motion as the one who heard the preliminary hearing.

This allows the Section 995 process to function as a check on the preliminary hearing court, with a set of fresh eyes re-evaluating the case to check for obvious errors.

It should be noted, however, that the trial court which hears the Penal Code Section 995 motion to dismiss is not reviewing the record at the preliminary hearing as if it had itself heard the preliminary hearing. All reasonable inferences in favor of the preliminary hearing judge’s determination will be afforded by the trial court.

There are relatively infrequent, though certainly not unheard of, instances however where the trial court will determine that the evidence presented at the preliminary hearing was truly insufficient and the judge erred in holding the defendant to answer.

This determination will take the form of setting aside the Information – the charging document filed post-preliminary hearing against the defendant – and dismissing the case completely.

PC 995 OPPORTUNITY TO DISMISS CRIMINAL CHARGES

Through the Penal Code Section 995 vehicle, therefore, defendants have an opportunity to have their cases dismissed completely by a judge without having to risk a jury trial. This is unique in California criminal procedure – leaving aside the limited circumstances which give rise to a demurrer – as there is no true analogue to a motion to dismiss as exists in civil procedure.

If the trial court grants a 995 motion, the charges will be dismissed. However, the prosecutor can appeal the decision. While their appeal is pending, the prosecutor could proceed with a trial on any remaining charges, or request a continuance of the trial until appeal is resolved. They also have the option to just re-file the charge in a new complaint.

If all charges are dismissed after a 995 motion, the court has to either refund defendant’s bail within 15 days, or apply the bail to the new charges if the prosecutor refiles charges.

CONTACT OUR CRIMINAL ATTORNEYS FOR HELP

If you or a family member has been charged with a felony and has had a preliminary hearing at which the defendant was held to answer and the case bound over to the trial court, you should consult an experienced Los Angeles criminal defense lawyer about the viability of the Penal Code Section 995 motion to dismiss.

Even if such a motion is ultimately denied, the filing of an effective Section 995 motion puts the court and the prosecution on notice of the important issues in the case and, if nothing else, can often inspire a more favorable settlement in the matter.  Effective litigation at the Penal Code Section 995 phase of a felony prosecution is a crucial part of achieving a favorable result in a California felony criminal case.

Eisner Gorin LLP is a nationally recognized criminal defense law firm with a team of highly experienced lawyers. We are located at 1875 Century Park E #705, Los Angeles, CA 90067. We also have an office right next to the Van Nuys Courthouse located at 14401 Sylvan St #112 Van Nuys, CA 91401. Contact our office for a consultation at (310) 328- 3776.

CITED https://www.egattorneys.com/criminal-case-process-california/995-motion-to-dismiss

 

 

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Learn More About What is Obscene….

We also have the Miller v. California – 3 Prong Obscenity Test (Miller Test) – 1st Amendment

We also have the Obscenity and Pornography – 1st Amendment

Learn More About Police, The Government Officials and You….

We also have theBrayshaw v. City of Tallahassee – 1st Amendment – Posting Police Address

We also have thePublius v. Boyer-Vine –1st Amendment – Posting Police Address

We also have the Lozman v. City of Riviera Beach, Florida (2018) – 1st Amendment – Retaliatory Police Arrests

We also have the Nieves v. Bartlett (2019) – 1st Amendment – Retaliatory Police Arrests

We also have the Freedom of the Press – Flyers, Newspaper, Leaflets, Peaceful Assembly – 1st Amendment

We also have the Insulting letters to politician’s home are constitutionally protected, unless they are ‘true threats’ – 1st Amendment

We also have the Introducing TEXT & EMAILDigital Evidencein California Courts – 1st Amendment

We also have the First Amendment Encyclopedia very comprehensive – 1st Amendment

ARE PEOPLE LYING ON YOU? CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!

We also have the Penal Code 118 PC – California Penalty of “Perjury” Law

We also have theFederal Perjury – Definition by Law

We also have the Penal Code 132 PC – Offering False Evidence

We also have the Penal Code 134 PC – Preparing False Evidence

We also have thePenal Code 118.1 PC – Police Officers Filing False Reports

We also have the Spencer v. Peters– Police Fabrication of Evidence – 14th Amendment

We also have the Penal Code 148.5 PC –  Making a False Police Report in California

We also have the Penal Code 115 PC – Filing a False Document in California

Sanctions and Attorney Fee Recovery for Bad Actors

FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse Allegations – Family Code 3027.1 – Click Here

FAM § 271 – Awarding Attorney Fees– Family Code 271 Family Court Sanction Click Here

Awarding Discovery Based Sanctions in Family Law Cases – Click Here

FAM § 2030 – Bringing Fairness & Fee Recovery – Click Here

 Know Your Rights Click Here (must read!)

 Under 42 U.S.C. $ection 1983 – Recoverable Damage$

42 U.S. Code § 1983– Civil Action for Deprivation of Right$

$ection 1983 Lawsuit – How to Bring a Civil Rights Claim

18 U.S. Code § 242 – Deprivation of Right$ Under Color of Law

18 U.S. Code § 241 – Conspiracy against Right$

$uing for Misconduct – Know More of Your Right$

Police Misconduct in California – How to Bring a Lawsuit

Malicious Prosecution / Prosecutorial Misconduct – Know What it is!

New Supreme Court Ruling – makes it easier to sue police

RELATIONSHIP WITH YOUR CHILDREN & YOUR CONSTITUIONAL RIGHT$ + RULING$

YOU CANNOT GET BACK TIME BUT YOU CAN HIT THOSE PUNKS WHERE THEY WILL FEEL YOU = THEIR BANK

We also have the 9.3 Section 1983 Claim Against Defendant as (Individuals) — 14th Amendment thisCODE PROTECTS all US CITIZENS

We also have the  Amdt5.4.5.6.2 – Parental and Children’s Rights 5th Amendment thisCODE PROTECTS all US CITIZENS

We also have the 9.32 – Interference with Parent / Child Relationship – 14th Amendment thisCODE PROTECTS all US CITIZENS

We also have the California Civil Code Section 52.1Interference with exercise or enjoyment of individual rights

We also have the Parent’s Rights & Children’s Bill of RightsSCOTUS RULINGS FOR YOUR PARENT RIGHTS

We also have a SEARCH of our site for all articles relatingfor PARENTS RIGHTS Help!

GRANDPARENT CASE LAW 

Troxel v. Granville, 530 U.S. 57 (2000) – Grandparents – 14th Amendment

Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required

S.F. Human Servs. Agency v. Christine C. (In re Caden C.)

9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship

Parent’s Rights & Children’s Bill of Rights

Cal State Bar PDF to read about Three Parent Law – The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf

Contesting / Appeal an Order / Judgment / Charge

Options to Appealing– Fighting A Judgment Without Filing An Appeal Settlement Or Mediation 

Cal. Code Civ. Proc. § 1008 Motion to Reconsider

Penal Code 1385 – Dismissal of the Action for Want of Prosecution or Otherwise

Penal Code 1538.5 – Motion To Suppress Evidence in a California Criminal Case

CACI No. 1501 – Wrongful Use of Civil Proceedings

Penal Code “995 Motions” in California –  Motion to Dismiss

WIC § 700.1 – If Court Grants Motion to Suppress as Evidence

 Epic Criminal / Civil Rights SCOTUS Help – Click Here

At issue in Rosenfeld v. New Jersey (1972) was whether a conviction under state law prohibiting profane language in a public place violated a man's First Amendment's protection of free speech. The Supreme Court vacated the man's conviction and remanded the case for reconsideration in light of its recent rulings about fighting words. The man had used profane language at a public school board meeting. (Illustration via Pixabay, public domain) Epic Parents SCOTUS Ruling – Parental Rights Help – Click Here

Judge’s & Prosecutor’s Jurisdiction– SCOTUS RULINGS on Judicial & Prosecutorial Conduct

 

 

Family Treatment Court Best Practice Standards

Download Here this Recommended Citation

Please take time to learn new UPCOMING 

The PROPOSED Parental Rights Amendment
to the US CONSTITUTION Click Here to visit their site

The proposed Parental Rights Amendment will specifically add parental rights in the text of the U.S. Constitution, protecting these rights for both current and future generations.

The Parental Rights Amendment is currently in the U.S. Senate, and is being introduced in the U.S. House.

 

 

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