2/26/2024 0 Comments Pretrial motion to dismiss![]() ![]() Violent Felony Offenders of Special Concernĭefensive Motions That May Be Filed Call For Skilled St. ![]() Learn more about PC 995 motions with a free consultation. You can also fill out our online contact form. The Simmrin Law Group is prepared to help. Ask a Lawyer About Filing a Penal Code 995 Motion to Dismissįacing felony charges in California? Find out how you could file a motion to dismiss these charges under Penal Code 995. A lawyer can help you work on your defense here in California. In this case, the felony charges will proceed to trial. It is also possible for a judge to decline a PC 995 motion. After this, a judge may refuse to allow the prosecution to re-file charges. Generally, the court will only issue two dismissals for a criminal charge. However, the court does not allow this process to continue indefinitely. This means that you can face criminal charges even after the court dismisses them. However, this does not necessarily mean that a criminal case is over. If the judge grants the motion, the felony charges are dismissed. The judge at trial court will consider a PC 995 motion in California and decide whether to grant the motion or not. Showing a lack of probable cause can allow a lawyer to get felony charges dismissed in California.Ĭomplete a Free Case Evaluation form now Outcomes of a PC 995 Motion in California Did not provide evidence that favored the defendant.Offered insufficient amounts of evidence.A lawyer can take this step by arguing that the prosecution: They must only show that there is sufficient cause to suspect that an individual engaged in a criminal act to proceed.Ī defense lawyer can work to show that there was no probable cause to lead to a trial. ![]() However, this does not mean the prosecution has to prove someone committed a crime to take them to trial. The Constitution states that individuals should not face criminal charges if there are no facts to support the accusation. Individuals can be committed to trial without sufficient cause in California. Just call (310) 896-2723 for help.Ĭlick to contact our Understanding California’s Penal Code today Committed for Trial without Probable Cause A member of the Simmrin Law Group can review your case to see if your rights were violated. Note that this list is not all-inclusive when it comes to a defendant’s rights in California.
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