Section 995a of California’s Penal Code states that “indictment or information shall be set aside by the court in which the defendant is arraigned, upon his or her motion” in select cases. But what does this mean? It means that, when the judge takes a look at the complaint, they may choose to dismiss one or more counts. Sometimes, judges will make incorrect rulings when they decide to hold you to answer for your charges. A Penal Code 995 motion will be made by your attorney when it is believed that you were illegally committed or committed without probable cause.
What happens if you were illegally committed? Unfortunately, many people fall victim to this act every year. This means that the court denied you of a right during your proceedings. You have many rights in the face of the court, such as the right to be represented by an attorney, the right to have a preliminary hearing in one session, and the right to present and cross-examine witnesses. If you were denied even one of these rights, Penal Code 995 may help you.
In other cases, you may have been committed without probable cause. Probable cause is much like having rational ground that you may have committed a crime, more than just simple suspicion. If there is no evidence that you may have committed the crime, Penal Code 995 will work in your favor.
Why You Should Call us Immediately
You must be extremely timely about your 995 motion. They can only be filed in your California criminal case after a Grand Jury indictment or after your preliminary hearing. However, you must also file them before trial, which is why you must act quickly. You may lose the ability to challenge the evidence in your case if you do not file your motion quickly. Speak to us today at The Law Office of Peter Blair for more information on how we can aid you in your case.