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PC 995 Motion to Set Aside

995 Motion to Set Aside the Information   Background information: In a felony case, defendants are entitled to a preliminary hearing. A preliminary hearing is a probable cause hearing where the judge will answer two questions: (1) is there probable cause that the crime was committed? And (2) is there probable cause to believe that the defendant committed it?   If the answer to both of these questions is “yes,” then the defendant is “held to answer” to the charges and the prosecutor files an “information” (a fancy word for complaint) with the court. Within 15 days of the preliminary hearing (after being “held to...

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Overview of Domestic Violence in California

Domestic Violence in California The consequences of a domestic violence (DV) conviction can be devastating.  Generally, domestic violence charges occur from household disputes that cause harm to one of the parties.  What makes this type of charge “domestic” is the relationship between the alleged victim and the accused.  California law (Penal Code § 1300) defines “domestic violence” as abuse an “intimate partner.”  This includes a wife/husband, boyfriend/girlfriend, domestic partner, or someone the accused has dated in the past.  California law also protects others in the household that could be deemed as “victims” of domestic violence.  These include: brothers, sisters, uncles, aunts, step-siblings, half-siblings,...

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