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PC 995 Motion to Set Aside

Garcia Law Group > Criminal Procedure  > PC 995 Motion to Set Aside

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 answer”),the  defendant is arraigned on the charges and the case is sent to the trial court. The defendant is provided with the transcripts of the preliminary hearing. The transcripts are very important for a 995 motion.


What is a PC 995 Motion to Set Aside?

A Penal Code 995 Motion to Set Aside the Information is a request made by the defendant to the court to dismiss all or some of the charges that the defendant is being charged with. A 995 motion is filed after the preliminary hearing.


What is required to file a 995 motion?

A 995 motion may be filed in cases where all of the charge are felonies or the charges include both felony charges and misdemeanor charges. The purpose of the preliminary hearing is to eliminate charges that are unsupported by evidence. Charges are unsupported by evidence when:

  • The defendant was illegally committed for trial, and/or
  • The defendant was committed for trial without probable cause.


What are some examples where a 995 motion may be granted?

Many different situations can justify a court granting a 995 motion. These include a violation of:

  • The right to legal counsel;
  • The right to cross-examine witnesses at the preliminary hearing;
  • The right to have the preliminary hearing in a single session;
  • Failure for the prosecutor to provide favorable evidence to the defendant;
  • Insufficient evidence;
  • Illegally obtained evidence;
  • Other case-specific situations.


What happens when a 995 motion is granted?

If a 995 motion is granted, those charges will be dismissed.  The prosecutor may then proceed on the remaining charges or appeal the decision and the case would be continued (extended) until the appeal is determined. The prosecutor can also elect to dismiss and re-file the in a new complaint.


What happens if a 995 motion is denied?

If a 995 motion is denied, the defendant may appeal the decision or the case will proceed toward trial and the defendant can exercise his/her right to a speedy trial within 60 days of the arraignment.



Are you facing felony charges?

Appearing in front of a judge by yourself can be an intimidating experience. Additionally, the laws are complicated. If you are facing a criminal case, Garcia Law Group is here to help you. We’ve handled hundreds of cases and represented individuals in your situation. We are here to help you get through this stressful situation.


Call now and speak to attorney Joel Garcia for a FREE CONSULTATION.


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