Legal motions to dismiss a possible Los Angeles murder charge can save your life. When you face such serious felony charges, we understand how scared you feel. At Perlman & Cohen Los Angeles Criminal Lawyers, our experienced criminal defense attorneys fight these charges every day. We know exactly which legal motions work best for your criminal case.
A motion to dismiss asks the trial court to throw out criminal charges before trial. These legal proceedings protect your rights when prosecutors file weak cases. We file these legal motions to challenge insufficient evidence and procedural errors that violate due process.
The California Penal Code gives you several ways to dismiss criminal charges. Your criminal defense lawyer can file different motions at various stages. Success means avoiding trial and getting a favorable outcome for your case.
Our criminal defense law firm uses these legal grounds to protect you:
The California Penal Code controls how we file dismissal motions. Section 995 is our main tool after a preliminary hearing. Section 1385 lets judges dismiss charges "in the interests of justice."
Each section has different standards—the 995 motion to dismiss challenges the preliminary hearing judge's decision. Section 1385 gives broader power but requires exceptional circumstances. We must choose the right legal strategy for your situation.
The prosecutor's case must meet specific requirements at each stage. When they fail, we attack through these statutes. Your defense attorney knows which approach gives the best chance of case dismissal.
Timing matters when filing legal motions. Before the preliminary hearing, we can challenge the criminal complaint itself. These pretrial proceedings often reveal weaknesses in the prosecution's evidence. The legal system provides protections to ensure fairness. Your defendant's attorney plays a key role in this process.
If you enter a guilty plea, you lose the chance to file some motions. This is why careful consideration is vital. Even misdemeanor charges require attention to detail. We help you present witnesses effectively to support your defense. The due process clause guarantees that your rights are protected. Whether facing a felony case or a lesser offense, timing and strategy matter.
After the preliminary hearing, you have 15 days to file a 995 motion. This deadline is strict. If you plead guilty or miss this window, you lose this option forever. Sometimes, waiting helps gather better evidence. Other times, immediate action protects your rights. Our experienced criminal defense attorney makes these strategic decisions based on case law and experience.
The Penal Code 995 motion challenges felony charges after the preliminary hearing. When the preliminary hearing judge finds sufficient evidence, we can appeal to the trial judge. This legal motion attacks both the factual and legal basis for charges.
Such a motion requires showing specific errors in the preliminary hearing judge's decision. Unlike appeals, we can challenge facts, not just the law. Success means complete dismissal of your criminal offense charges or offense.
Our Los Angeles criminal defense team examines every detail of your preliminary hearing. We identify grounds that support dismissal. This process requires deep knowledge of criminal law and procedure.
Insufficient evidence tops the list of grounds for a 995 motion. The prosecution's evidence must establish probable cause that the defendant committed the crime. When evidence falls short, charges must be made.
Four main grounds support these motions:
Each ground requires different legal arguments. When the only evidence comes from an illegal search, dismissal becomes mandatory. If you weren't mentally competent during proceedings, that's another strong ground.
The trial judge reviews the preliminary hearing transcript independently. This factual finding examines whether the evidence supports charges beyond a reasonable doubt. The judge can't just accept the preliminary hearing judge's decision.
The court considers only evidence presented at the preliminary hearing. New evidence usually can't help or hurt your motion. This makes the initial hearing crucial for preserving dismissal options.
During review, judges view evidence favorably for the prosecution. Even circumstantial evidence counts if it reasonably shows the defendant's guilt. But speculation doesn't equal evidence. The judge carefully weighs all facts before making a decision. This process ensures fairness and protects your rights throughout the case.
Beyond the 995 motion, other legal tools can dismiss charges. Suppression motions eliminate illegal evidence. Probable cause challenges attack charges directly. Each serves a different purpose in your defense.
We often file multiple motions together. This comprehensive approach attacks the prosecutor's case from all angles. Sometimes, one successful motion destroys their entire case.
Your Los Angeles criminal defense team evaluates every option. We combine motions strategically to maximize your chances. Understanding these tools helps you participate in your defense.
Suppression motions challenge illegally obtained evidence. Common violations include:
When police violate your rights, their evidence becomes inadmissible. Without key evidence, prosecutors often can't prove their case. This makes suppression motions powerful weapons.
At suppression hearings, we cross-examine police officers. We expose their mistakes and constitutional violations. Success means the jury never sees tainted evidence.
This motion attacks insufficient probable cause outside the preliminary hearing. Before formal charges, we can challenge the criminal complaint itself. Early intervention prevents unnecessary detention.
Murder charges need specific facts linking you to the crime. General suspicions don't justify such serious charges. We show no reasonable basis exists for prosecution.
These motions work best when police rush to make arrests. Insufficient probable cause often means insufficient probable cause. Even if later evidence emerges, initial problems may require dismissal. Acting quickly is important to protect your rights. Waiting too long can limit your options. Our team carefully reviews every detail to find weaknesses in the case. This helps build a strong defense early on.
Filing these motions requires extensive legal knowledge. One procedural mistake costs you your chance at dismissal. Our experienced criminal defense attorneys at Perlman & Cohen handle these complexities daily. We know the laws and deadlines inside and out.
Every detail matters in your case. Pro se defendants rarely succeed. They miss deadlines, make procedural errors, and choose weak arguments. Meanwhile, prosecutors have teams of lawyers fighting against you.
Murder cases demand professional representation. Your freedom depends on properly filing and arguing motions. We level the playing field against the prosecution's resources.
Self-represented defendants make critical errors:
Courts rarely excuse these mistakes. Even good arguments fail due to procedural errors. Professional attorneys avoid these pitfalls through experience.
Most importantly, pro se defendants miss the best legal arguments. Without understanding case law, they pursue hopeless theories. This wastes the court's patience for dismissal motions.
The timeline starts immediately after the arrest. We can challenge probable cause within days. These early motions may secure immediate release or dismissal.
After the preliminary hearing:
The process takes weeks or months. More than one session may be needed for complex cases. Throughout, we manage deadlines while building your strongest defense.
A successful motion brings immediate relief. The trial court dismisses the charges, ending the current prosecution. But different dismissals have different effects.
Some dismissals bar refiling permanently. Others let prosecutors try again with new evidence. Understanding these differences helps you plan your future. Our law firm guides you through post-dismissal steps. We ensure you get maximum protection from future prosecution.
After dismissal, you're free from criminal proceedings. But arrest records remain unless sealed. California law provides ways to clear your criminal record completely.
The sealing process requires proving factual innocence. Once sealed, the arrest disappears for most purposes. Employers and landlords can't see sealed records.
We handle the entire sealing process:
Not all dismissals end cases forever. Prosecutors can refile if:
Time limits vary by dismissal type. Some give prosecutors just 60 days to refile. Murder has no statute of limitations, but other deadlines may apply.
Double jeopardy protects against some refilings. If a judge or jury makes factual findings, the defendant agrees they can't be retried. This protection makes timing crucial for your motions.
Facing murder charges requires immediate action. Our criminal defense law firm offers a free consultation to evaluate your case. We'll explain your options and start building your defense immediately.
At Perlman & Cohen Los Angeles Criminal Lawyers, we've successfully filed countless dismissal motions. Our attorneys know which legal grounds work best for your situation. Don't wait to protect your rights. Every day matters when preparing for these critical legal proceedings. Contact us today to schedule your initial consultation and learn how we can help get your charges dismissed.
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