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Criminal Procedure

Garcia Law Group > Criminal Procedure

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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