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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
- 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 charge...
- 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 s...
- What are the legal grounds for a 995 motion?The purpose of the preliminary hearing is to “weed out groundless or unsupported charges.” Charges are considered groundless or unsupported when: T...
- 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.
- 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...
- 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 t...
- 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 ori...
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