995 Motions in California are legal requests filed in serious criminal cases seeking to have a trial judge dismiss one or more charges in a complaint. These motions are filed after a preliminary hearing but before trial. The primary purpose is for the judge to review whether there are sound legal grounds to pursue the case. In simpler terms, a 995 Motion seeks to dismiss specific charges in a criminal case if it is deemed that there is insufficient evidence or legal grounds to support those charges.
The process generally involves legal arguments by the defense and the prosecutor, followed by a decision by the judge. If the motion is granted, the related charges are dismissed and no longer considered part of the case. However, the prosecutor can appeal this decision or, in some circumstances, refile the same charges. These motions are an important legal tool in the California justice system to ensure that accusations are substantiated and based on solid evidence before going to trial. If you are facing criminal charges in California and have questions or concerns about 995 Motions, it is critical to consult with a California criminal law attorney for specific advice regarding your legal situation.
In "995" cases, preliminary hearings in California primarily apply to felony allegations, but these allegations often include both felony and misdemeanor charges, as well as allegations of sentencing enhancements or special circumstances. The defense has the option to challenge these charges, enhancements, or circumstances through a "995 Motion."
The defense can argue two main situations:
- The defendant was unlawfully brought to trial, which can occur if the defendant is denied fundamental rights during the preliminary hearing, such as the right to qualified counsel, the right to a single preliminary hearing, the right to present and question witnesses, and the right to be informed of the availability of counsel.
- The defendant was sent to trial without sufficient probable cause. Under the Fourteenth Amendment, a judge in California may only bring a person to trial for a felony or misdemeanor if there is probable cause supported by facts. Probable cause does not entail proving guilt beyond a reasonable doubt, but the facts must be sufficient to generate a strong and honest suspicion of the defendant's guilt.
In short, a 995 Motion is a legal tool that allows the defense to challenge charges, enhancements, or circumstances in a criminal case if it believes the defendant's rights have not been respected or if probable cause for trial is not supported by sufficient facts.