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What is a 995 motion opposition?

In California state criminal prosecutions, a Penal Code 995 Motion is a defense motion asking the court to dismiss one or more felony counts on the grounds that they were improperly sustained at the preliminary hearing.

What is Section 995a in the California Penal Code?

995a. (a) If the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon, the court shall order them to be so inserted or indorsed; and if the information be not subscribed by the district attorney, the court may order it to be so subscribed.

How long do you have to file a 995 motion?

To be timely, a 995 motion must be filed within 60 days after arraignment in the trial court, unless the defense was unaware of that the information lacked probable cause and had no opportunity to raise it.

What is a Section 995 motion?

A 995 motion is an appeal of the preliminary hearing judges decision to set the case for trial and often called a motion to set aside the information. Typically, a judge will grant the motion if they find there were insufficient legal grounds to hold the defendant over for trial.

What is the penal code 995 A?

995a. (a) If the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon, the court shall order them to be so inserted or indorsed; and if the information be not subscribed by the district attorney, the court may order it to be so subscribed.

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What is an example of a 995 motion in California?

For example, lets say that the judge at the preliminary hearing allows the case to proceed and sets the next court date two months in advance. The prosecution typically has 15 days to file its complaint in the trial court. If the prosecution misses that deadline, a PC 995 motion to dismiss may be successful.

Can you file a motion to dismiss in California?

A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion. The party may, with the memorandum, serve and file a declaration stating facts in support of the motion.

How long does a 995 motion take?

The defense will typically file a 995 motion after the case is assigned to a trial judge and before any other pretrial proceedings. The hearing on the motion does not take long usually less than one hour.

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995 motion to dismiss

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