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For example, imagine a defendant has been charged with drug sale.If the judge at the preliminary hearing allows a case which relies only on insufficient evidence to move forward, a 995 motion can be used to dismiss the case or charges. If there is insufficient direct or circumstantial evidence of the defendant committing the crime(s) for which he is charged, then the complaint must be dismissed.These are some of the most common/likely options, followed by helpful examples. There are many different circumstances which could lead to a successful PC 995 motion. There just needs to be some basic evidence at the preliminary hearing. The facts don’t have to prove guilt beyond a reasonable doubt - that’s for a jury or trial judge to decide. Probable cause refers to a charge being supported by enough facts such that it is probable that the defendant committed the crime. The sufficiency of the evidence is measured by the probable cause standard.
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A successful PC 995 motion will result in the dismissal of all charges for which there was insufficient evidence. If the preliminary hearing judge allows a case with insufficient evidence to move forward, then there is a lack of probable cause, making a PC 995 motion appropriate.Lack of Probable Cause / Insufficient Evidence If the defendant has been denied any of these rights it is likely that he or she was illegally committed, and deserves to have the charges wholly or partially dismissed. Thus, a PC 995 motion would be successful. The right to be mentally competent at the time of the preliminary hearing.The right to have a hearing in one session.The right to cross-examine and to offer witnesses.The right to be represented by an attorney.Illegal commitment occurs when the defendant is denied a substantial right during the preliminary hearing. They typically involve:īoth bases are described in more detail below. There are several situations where it would be appropriate to file a PC 995 motion. How A PC 995 Motion to Dismiss Can Lead to a Dismissal How A PC 995 Motion Leads to a Dismissal.A 995 motion cannot be used in response to a criminal complaint which only includes misdemeanor offenses, because, without a felony charge, there will be no preliminary hearing. Under section 995 of the Penal Code, if the judge at the preliminary hearing incorrectly allowed the case to move forward, the defendant’s attorney can file a PC 995 motion, which asks the trial judge to entirely or partially dismiss the criminal complaint.Ī PC 995 motion can apply to felony charges, as well as charges including both felony and misdemeanor charges. It is filed after a “preliminary hearing” in a felony case. One of his most recent successful outcomes was on a murder case sent to the state’s highest court.Ī PC 995 motion to dismiss is a legal motion seeking the dismissal of a criminal case based on section 995 of the Penal Code. is led by award-winning appeals attorney and former prosecutor Aaron Spolin.