CA Penal Code 995 Motion to Dismiss After Preliminary Hearing
In California criminal procedure, Penal Code Section 995 allows a defendant to request that the trial court dismiss their case after a preliminary hearing at which they were held to answer on one or more charges.
In simple terms, a PC 995 motion to dismiss is a legal request to dismiss a criminal case. It is filed after a preliminary hearing in a felony case. If the judge at the preliminary hearing mistakenly allowed the case to proceed, the defendant's attorney can file a PC 995 motion.
This motion requests the trial judge to dismiss part or all of the criminal complaint. It is made after the preliminary hearing but before the trial begins.
A 995 motion is an appeal from the preliminary hearing judge's decision to proceed to trial, also known as a "motion to set aside the information." Generally, a judge will approve this motion if they determine there are not enough legal reasons to hold the defendant for trial.
Key Takeaways
- A 995 motion cannot be used to respond to a criminal complaint that involves only misdemeanor charges. However, it may be applicable if the charges include both felony and misdemeanor counts, since a preliminary hearing is required only when a felony charge is present.
- A Penal Code 995 motion is appropriate in many situations, mainly when there is a lack of probable cause or if there has been an illegal commitment.
Preliminary Hearing and Probable Cause
During a preliminary hearing, the court reviews evidence, typically presented by police officers, to establish the grounds for the defendant's arrest.
While it shares several characteristics with a jury trial, it also has key distinctions. Most notably, it is conducted by a judge without a jury, with the judge serving as the fact-finder and deciding witness credibility.
Second, and arguably most crucial, the burden of proof remains on the government but is significantly lower than in a jury trial.
We all know the "beyond a reasonable doubt" standard, which is the highest in law and used in criminal jury trials.
However, during a preliminary hearing, the required standard is merely probable cause.
The probable cause standard for preliminary hearings has been described differently by various appellate courts over time.
However, it generally requires the government to present enough evidence for a reasonable person to believe that the individual charged is likely to have committed the crime.
This is a standard, usually below 50%, called a preponderance. Therefore, a preliminary hearing court can determine that it is more likely than not that the defendant is not guilty, yet still hold them to answer for the charge if the evidence suggests a reasonable inference of guilt.
Defendant Was Committed Without Probable Cause
The Fourteenth Amendment mandates that a judge in California must have probable cause before trying someone for a crime. This means the case can proceed to trial only if sufficient facts support the allegations.
The facts don't need to establish the defendant's guilt beyond a reasonable doubt, but they must be strong enough to strongly suggest the defendant is guilty of the charged crime to a reasonable person.
A motion under Penal Code Section 995 must argue that the court could not have reasonably inferred guilt from the evidence presented by the prosecution. Although the burden of proof is relatively low, it remains on the government.
If the government's case relies only on information that involves speculation, conjecture, or guesswork to suggest the defendant's guilt, then dismissing the case under Penal Code Section 995 is appropriate.
The trial court must also appraise the case in light of the whole record, not isolated pieces of evidence selected by the prosecution.
What is the Process for a PC 995 Motion?
Typically, a Penal Code Section 995 motion is filed before a trial court judge other than the one who presided at the preliminary hearing. While not legally mandated, this approach is generally preferred to having the same judge who presided over the preliminary hearing also hear the Section 995 motion.
This facilitates the Section 995 process, acting as a review for the preliminary hearing court, where a new perspective re-examines the case to identify any clear errors.
It should be noted that the trial court reviewing the Penal Code Section 995 motion to dismiss does not re-examine the record from the preliminary hearing as if it had conducted the hearing itself.
Instead, the trial court will give all reasonable inferences in favor of the preliminary hearing judge's decision.
Though rare, there are cases in which the trial court finds that the evidence at the preliminary hearing was clearly inadequate, leading the judge to err in requiring the defendant to answer.
In such instances, the court will set aside the Information—the charging document filed after the preliminary hearing—and dismiss the case entirely.
Chance to Dismiss Sex Crime Charges
Under Penal Code Section 995, defendants can request that a judge dismiss their sex crime case entirely without a jury trial.
This procedure is unique in California criminal law—apart from the limited cases that allow for a demurrer—because there is no equivalent motion to dismiss in civil procedure.
If the trial court grants a 995 motion, the charges will be dismissed. However, the prosecutor can appeal the decision.
While their appeal is pending, the prosecutor may either proceed with a trial on remaining charges or request a continuance until the appeal is resolved. Alternatively, they can re-file the charge with a new complaint.
If all charges are dismissed following a 995 motion, the court must either refund the defendant's bail within 15 days or apply the bail to any new charges if the prosecutor refiles them.
If you or a family member faces a felony charge and has gone through a preliminary hearing where the defendant had to respond and the case was sent to the trial court, it's wise to consult an experienced California sex crime lawyer at the Hedding Law Firm about the possibility of filing a Penal Code Section 995 motion to dismiss.
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