995 motion pdf 2025

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The document is a legal memorandum submitted by attorney Patrick K. Brown on behalf of defendant Danny Fanelli, addressing the opposition to a motion to dismiss charges under California Penal Code section 995. The memorandum argues against the prosecution's reliance on previous case law, specifically People v. James and People v. Hoard, asserting that the movements of victims during the robbery were necessary and incidental to the crime, thus not constituting aggravated kidnapping. The document concludes with a request for the court to grant the motion to dismiss.

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What is the standard for 12b6 motion to dismiss?

Under Rule 19(b), if a necessary party cannot be joined, then the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed. When a nonjoined party is both necessary and indispensable, dismissal is required.

What is the penal code for motion to dismiss?

Penal Code 995 serves as a safeguard in the pretrial phase, allowing a defendant to seek the dismissal of an indictment or information. The primary objective is to ensure that legal procedures are followed and there is a reasonable or probable cause for the charges brought against the accused.

What is the timeline for 995?

If the grounds were an illegal commitment, you have until 60 days from the date of your arraignment to file an appeal. If the grounds were commitment without probable cause, the appeal must be filed within 15 days of the judges denial of the 995 motion.

What is a 995 motion to dismiss?

Rule 42. Voluntary Dismissal. (a) Dismissal in the District Court. Before an appeal has been docketed by the circuit clerk, the district court may dismiss the appeal on the filing of a stipulation signed by all parties or on the appellants motion with notice to all parties.

What is a 995 motion in court?

A motion under Penal Code 995 is known as a 995 Motion. It asks a judge to dismiss the whole or just parts of an information (the criminal complaint after a preliminary hearing) when the judge at the preliminary hearing in the matter failed to do so. People v. Hudson (1917) 35 Cal. App. 234, 237.

What is the rule 42 motion to dismiss?

P. 12(b)(6) motion to dismiss, [t]he district court must construe the complaint in a light most favorable to the plaintiff, accept all of the factual allegations as true, and determine whether the plaintiff undoubtedly can prove no set of facts in support of his claims that would entitle him to relief.

What is the 995 rule?

Under section 995 of the Penal Code, if the judge at the preliminary hearing incorrectly allowed the case to move forward, the defendants attorney can file a PC 995 motion, which asks the trial judge to entirely or partially dismiss the criminal complaint.