California 995 Motion to Dismiss After Preliminary Hearing

Last Modified: January 13, 2025
California 995 motion to dismiss after preliminary hearing

California has a specific procedure for challenging a charge after a preliminary hearing. A 995 motion to dismiss can help if the preliminary hearing judge finds enough issues with the evidence presented. This powerful tool can lead to the dismissal of certain felony and misdemeanor charges when used correctly. Our attorneys at Perlman & Cohen know how to guide you through the legal steps to seek the best result.

A preliminary hearing occurs in felony cases to decide whether sufficient evidence exists to move forward. The district attorney must show a strong suspicion that the defendant committed a crime. If the only evidence does not establish probable cause, the defense can file a 995 motion. Our firm will help you understand this process so you can protect your rights.

Learn more about a 995 motion to dismiss in California below. Then, contact us for a free case consultation.

What Is a 995 Motion?

A pc 995 motion is a formal request to challenge criminal charges after a preliminary hearing. It stems from California’s penal code, which allows a defendant to argue that the preliminary hearing court acted beyond its authority. The motion to dismiss is designed to prevent illegal commitment when the prosecution fails to show enough proof. Skilled attorneys use this process to safeguard their clients’ rights before the case goes further.

Purpose of a 995 Motion

Attorneys file a 995 motion to challenge a decision made at the preliminary hearing stage. They believe the prosecution’s case lacks reasonable or probable cause or has other flaws that undermine its legal strength. This motion also aims to stop a case from moving forward if the evidence is too weak to establish a legitimate basis for criminal charges. The trial court reviews such a motion to ensure fairness and legality.

Sometimes, the preliminary hearing judge makes an error or follows a procedure that violates a defendant’s rights. In those cases, the trial court judge will examine the steps taken and decide if the preliminary hearing incorrectly allowed the case to move forward. The 995 motion ensures that the earlier ruling undergoes a second look. This process prevents unjust outcomes and protects the defendant’s legal interests.

Legal Basis for a 995 Motion in California

California law permits a defendant to file a 995 motion if the preliminary hearing judge’s decision appears unsupported by the evidence. The trial judge then determines whether the initial ruling should stand or be dismissed. This legal basis rests on the principle that a defendant should not face a full jury trial without proper cause. Such pretrial proceedings help filter out cases that lack strong legal grounds.

Under California’s penal code, filing a criminal complaint must rest on enough facts to justify the charges. If the evidence fails to meet this standard, a 995 motion can be used to challenge the case’s foundation. Reasonable doubt must arise if you want to prevent a full trial from taking place. This safeguard stops people from facing serious consequences when the proof is weak or flawed.

Grounds for Filing a 995 Motion

Grounds for Filing a 995 Motion

You can file a 995 motion if the case lacks enough proof or if there was a serious legal error during the preliminary hearing. The superior court may also grant relief if the judge who conducted the hearing did not have proper authority. Below are the most common reasons defendants raise when challenging the preliminary hearing judge’s findings.

Insufficient Evidence

Sometimes, the district attorney presents weak proof against the accused. The court may find insufficient evidence to hold the individual responsible. A 995 motion can then argue that the entire criminal case should not proceed. If the judge agrees, the charges could be dismissed before trial.

For example, the police might rely on a single eyewitness who only saw someone in a dark hoodie running away from the scene of a suspected DUI accident. If there is no physical proof or additional testimony linking the defendant to the crime, the prosecution’s case becomes shaky. This type of weak connection often leads defense attorneys to file a 995 motion, arguing that the evidence is not strong enough to justify a full trial.

Errors in the Preliminary Hearing Process

Errors happen when the defense does not get a fair chance to cross-examine witnesses or present key evidence. Such mistakes can violate the defendant’s right to due process. A 995 motion can highlight these errors and ask the court to dismiss the case. Judges will look at whether the mistakes impacted the outcome of the preliminary hearing.

Imagine a situation where the defense is not given the chance to cross-examine a crucial witness who claimed to see a drug deal. This prevents important questions about the witness’s reliability from coming out in court. A 995 motion can be filed to argue that this oversight denied the defendant a fair hearing, undermining the entire case.

Lack of Jurisdiction

Lack of jurisdiction means the court does not have the legal power to handle the allegations. This issue might arise if the alleged offense happened outside the court’s region or if there is a more suitable venue. A 995 motion will claim that the case cannot proceed under these circumstances. The court could dismiss the charges if it agrees that no proper authority existed.

Consider a scenario where an alleged assault offense happened in a different county than the one handling the case. If the defense can show that the crime did not occur within that court’s boundaries, the judge may dismiss the charges for lack of proper authority. A 995 motion emphasizes that only the court with legal power over the area in question can hear the case.

Why File a 995 Motion To Dismiss?

A 995 motion can have a major impact on your criminal case. By filing it, you can address serious flaws that might have occurred during your preliminary hearing. Some of the top reasons why we might consider filing a 995 motion to dismiss on behalf of our clients include:

  • Correct Procedural Errors. This motion helps you point out any mistakes the judge or other court officials made. It ensures those errors do not unfairly push your case toward trial.
  • Challenge Insufficient Evidence. If the charges against you lack strong proof, a 995 motion can shine a light on that weakness. You can argue that you should not face trial when the state cannot meet its burden of proof.
  • Address Issues with Jurisdiction. Sometimes, the court handling your case may not have the authority to do so. A 995 motion lets you challenge that oversight and stop the case if the court has no proper power over you.
  • Safeguard Your Rights. A 995 motion keeps the prosecution from moving forward on shaky legal ground. This helps you maintain fair treatment throughout the legal process.
  • Prevent a Full Trial. When used correctly, this motion can spare you from the stress and expense of a lengthy courtroom battle. It protects you from facing trial on charges that should not proceed.

A 995 motion can be a game-changer if used wisely. Talk with an experienced attorney to see if this process fits your situation.

Filing a 995 Motion: Step-by-Step Process

Filing a 995 motion: step-by-step process

Filing a 995 motion takes careful planning. You must follow the proper steps to make sure the court considers your request. The key steps involved in this process include:

  1. Review the case file. Study the evidence, police reports, and any statements made at the preliminary hearing to identify weaknesses.
  2. Draft the motion. Write a clear document that outlines the reasons why the preliminary hearing judge’s decision should be overturned.
  3. Gather supporting evidence. Include transcripts, exhibits, or other records that show mistakes or lack of proof.
  4. File the motion. Submit the paperwork to the correct court within the deadlines set by law.
  5. Serve the parties. Notify the district attorney and any other relevant parties that you have filed the 995 motion.
  6. Attend the hearing. Appear before the judge and argue why the case should not proceed to trial.
  7. Await the court’s decision. The judge will review all materials and decide whether to grant or deny the motion.

Follow these steps closely to present a strong argument. A well-prepared approach boosts your chances of success.

What Happens If a 995 Motion Is Granted?

The results can change the future of your case in a big way. If the trial court grants your 995 motion, the criminal charges may not proceed. However, the prosecution still has certain options to keep pursuing the matter.

Dismissal of Charges

The judge may drop all felony or misdemeanor charges if they see no legal reason to continue. Dismissal means the defendant does not face an immediate trial. However, if new evidence appears, it does not always shield the defendant from new charges. In most cases, the court will note the dismissal in the official record.

Potential for Re-Filing by Prosecution

The prosecution can sometimes file the criminal complaint again if they gather more or better evidence. They might do this when they believe they can fix the issues that led to the dismissal. This re-filing must follow the rules set by the penal code. The defense can challenge the new filing if the prosecution’s basis remains weak.

Impact on the Defendant

An approved 995 motion can give the defendant relief from immediate charges. This outcome can save time and money by avoiding a lengthy jury trial. It also prevents the stress and uncertainty that come with ongoing litigation. However, the defendant should remain prepared if the prosecution decides to refile any charges.

Common Challenges in 995 Motions

Common challenges in 995 motion

Not every 995 motion succeeds. The prosecution often argues that there was enough evidence to move the case forward. Judges also tend to be careful when tossing out a criminal case without full review. A few key challenges that we need to overcome to file a successful motion include:

Prosecution’s Argument of Probable Cause

The district attorney usually contends that the preliminary hearing established enough proof for the charges. They rely on witness testimony, police reports, and other materials to show cause. They aim to demonstrate that the evidence presented meets the standard to continue the criminal case. In many instances, the judge sides with them if the defense cannot show serious flaws in the case.

Judges’ Reluctance to Dismiss Cases

Some judges hesitate to grant a 995 motion because they believe the jury should have the final say. They view the preliminary hearing as a basic filter rather than a final decision. Many judges feel the trial process itself is the best place to decide guilt or innocence. As a result, they might refuse to dismiss unless the defense shows a clear legal or factual gap.

Procedural Complexity

A 995 motion involves detailed rules and tight deadlines. The defense must file paperwork on time and follow each step properly. Small errors in drafting or filing can lead to a denial of the motion. An experienced attorney understands these pitfalls and can navigate them skillfully.

How a Criminal Defense Lawyer Can Help With a 995 Motion

A seasoned lawyer boosts your chances of winning a 995 motion. They know the right strategies to challenge the prosecution’s case and present strong arguments. A few of the top benefits of partnering with an experienced Los Angeles criminal lawyer include:

  • Case Assessment. The attorney will review every aspect of your criminal case to see if a 995 motion applies. They will identify weaknesses in the prosecution’s arguments and decide how to use them. At Perlman & Cohen, we handle everything from theft crimes to domestic violence cases.
  • Evidence Review. Skilled counsel checks the evidence presented at the preliminary hearing to spot gaps or improper procedures. This thorough approach can strengthen your motion before the court.
  • Legal Strategy. A lawyer sets a clear plan that addresses issues like lack of jurisdiction or insufficient evidence. They use legal knowledge to frame arguments in the best light.
  • Court Representation. Attorneys present oral arguments and respond to the prosecution’s claims. They also handle questions from the judge to keep your defense on track.
  • Continued Support. Even if the 995 motion is not granted, counsel can help guide you through a jury trial or other proceedings. They remain by your side to protect your rights at every stage.

Your lawyer understands the local rules and will meet deadlines for filing all paperwork. Their guidance can save you from common mistakes that derail many 995 motions. If you are looking for an experienced, compassionate, and dedicated criminal defense partner, let Perlman & Cohen fight for you.

Contact Our Los Angeles Criminal Lawyer for a Free Case Consultation

Contact our Los Angeles criminal lawyer for a free case consultation

You deserve a powerful defense if you face criminal charges. Our team at Perlman & Cohen can advise you on every aspect of your 995 motion. While we might not be able to file this motion in every case, we always put the needs of our clients first. We will explore every avenue available, providing a comprehensive and exhaustive defense of your rights. We offer a free case consultation to discuss your questions and concerns. Call us today to schedule a free case consultation.

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