Motion to Dismiss - CA Penal Code 995 PC
A California Penal Code Section 995 motion allows you to request a reduction or dismissal of charges after your preliminary hearing, on the grounds of insufficient evidence.
Remember that while the burden of proof at a preliminary hearing is lower (probable cause) compared to a trial (beyond a reasonable doubt), the government still needs to present evidence supporting each element of the charged crimes.
A PC 995 motion is submitted after a preliminary hearing, requesting the judge to dismiss the criminal complaint based on the hearing's proceedings. Essentially, if the preliminary hearing judge wrongly permitted the case to proceed, your criminal defense attorney can file a "PC 995 motion."
The motion requests the trial judge to dismiss all or part of the criminal complaint. It can be filed in cases involving felony charges, as well as when both misdemeanor and felony charges are present.
Motion Filed Following the Preliminary Hearing
A PC 995 motion cannot be filed for a criminal complaint based solely on misdemeanor charges because there was no felony case, and a preliminary hearing would not be held. Essentially, it is an appeal of the judge's decision at the preliminary hearing, in which the judge set the felony case for trial.
Legally, a PC 995 is a motion to dismiss the information, which is the criminal complaint. It can also be used to reduce felony charges to misdemeanors and to challenge charges added by the prosecutor after the preliminary hearing.
A Penal Code 995 motion can be used to challenge charges added by a judge during the preliminary hearing. It may also contest special circumstance allegations and most penalty enhancements.
However, because the burden of proof is lower at the preliminary hearing, Penal Code Section 995 motions are seldom granted. These motions are a useful advocacy tool and can be decisive in the right circumstances, as explained above.
If you or a family member faces felony charges, consider consulting one of our experienced California criminal defense attorneys about filing a Penal Code Section 995 motion to dismiss your case.
When is a PC 995 Motion Applicable?
We have found that filing a PC 995 motion can be beneficial in several ways. First, suppose a criminal court judge who presided over the preliminary hearing mistakenly denies a motion to dismiss. In that case, a PC 995 motion provides a legal way to address and correct that error.
Next, a PC 995 offers an opportunity to present the case facts to the new trial judge and highlight any weaknesses in the evidence.
However, using a PC 995 requires caution and should be based on a good-faith belief that one or more criminal charges should be dismissed. Otherwise, the judge may view the motion as frivolous and time-wasting, which could harm credibility.
When is it Possible to File a PC 995 Motion?
As discussed earlier, if you're charged with a felony, there will be a preliminary hearing at which the judge determines whether there is sufficient evidence to proceed to trial.
Most cases result in the judge deciding to move the case forward, meaning you will be "held to answer" for the charges.
At this stage, the Los Angeles County prosecutor will submit a criminal complaint to the trial court. Once they file the complaint, our criminal defense attorneys can then submit a Penal Code 995 motion to dismiss the information.
This is usually done before pretrial hearings. As mentioned earlier, the PC 995 motion asks the judge handling your case to review and potentially reverse the decision made at the preliminary hearing.
How Can It Get the Charges Dismissed?
Several situations call for a PC 995 motion, primarily to dismiss groundless charges lacking evidence. These situations generally involve the following scenarios:
- You were detained for trial in what is called an "illegal commitment."
- You were detained for trial without sufficient probable cause.
If either of these situations applies, the trial court judge will typically grant our PC 995 motion and dismiss the charges. An illegal commitment happens when you are denied a significant legal right during your preliminary hearing, including:
- Your right to be advised of and have the assistance of an attorney.
- Your right to cross-examine witnesses
- Your entitlement to have the preliminary hearing conducted in a single session.
- Your right to maintain mental competence during the preliminary hearing.
If any of these legal rights listed above are denied to you, you are considered "illegally committed" and may have your charges reduced or dismissed entirely. This is a typical case where our PC 995 motion could succeed.
Absence of Probable Cause
The judge needs enough probable cause to detain you for a crime. This means the preliminary hearing judge cannot refer your case to a trial court unless facts back the criminal complaint's allegations. However, these facts do not have to prove your guilt beyond a reasonable doubt.
However, the evidence must be strong enough to create a significant suspicion that you are guilty of the charged crime. It is important to note that if there is at least some evidence supporting probable cause, the judge will not approve a PC 995 motion.
Probable cause means there are enough facts to believe you committed the crime reasonably. Other situations in which a PC 995 motion might succeed include cases with insufficient evidence, illegally obtained evidence, or instances in which a prosecutor fails to provide discovery.
Strategies for Winning a PC 995 Motion to Dismiss
Our criminal attorneys often succeed with PC 995 motions in various situations, including:
- Lack of sufficient evidence: If there's insufficient evidence that you committed the crime, our lawyers might get your case dismissed after the preliminary hearing using a PC 995 motion. For example, if police found meth with a search warrant and charged you with drug possession with intent to sell, but the evidence only supported possession, not sales, then there isn't enough evidence for the sale charges.
- Factual finding: Sometimes, new info at the preliminary hearing can suggest your innocence and lead to dismissing charges. For instance, if facing robbery with one eyewitness citing poor lighting, bad eyesight, or resemblance to the suspect, charges can be dismissed after a PC 995 motion.
- Illegal search or seizure: Cases exist where only unlawfully obtained evidence connects defendants to crimes, violating search and seizure laws. Usually, a PC 995 motion dismisses such cases after the complaint. For instance, if police entered your home without a warrant and found cocaine, and that's the only illegal possession evidence, your preliminary should dismiss your case. If it proceeds, our lawyers can file a PC 995 motion.
- Failure to provide discovery: The 14th Amendment's Due Process Clause mandates the prosecutor to disclose all evidence favorable to the defendant. If this isn't done willfully or promptly, charges should be dismissed. Typically, if no criminal complaint is filed within 15 days after a hearing, a judge grants a PC 995 motion. For instance, if you were arrested for burglary but had homeowner permission and the police later confirm it, failing to disclose it violates due process.
Additional legal options for submitting a California Penal Code Section 995 motion include addressing a missed deadline. This type of procedural error involves missing a deadline, such as the 15-day filing requirement mentioned earlier.
Additionally, a PC 995 motion can be filed if the preliminary hearing exceeds one session. Once a preliminary hearing starts, it must be completed without interruption unless all parties agree to a delay.
Penal Code 995 Motion Hearing
As mentioned earlier, our criminal defense attorneys would submit a Penal Code 995 motion after your case is assigned to a trial court judge and before pretrial proceedings begin. During the pretrial hearing, we would have the opportunity to argue for dismissal of your case, followed by the prosecutor's argument.
Typically, the hearing lasts less than an hour. After arguments, the judge makes a decision, usually immediately, but sometimes takes more time. If the judge grants the Penal Code 995 motion, charges may be dismissed in part or in full, but the prosecutor can appeal. If denied, you can also appeal, but deadlines are strict.
Review your case with your criminal defense lawyer to decide on an appeal. If you posted bail and your case is dismissed after a PC 995 motion, the court must refund your bail within 15 days. If charges are re-filed, you can apply the bail to your new case. Contact the Hedding Law Firm for more information.
