995 Motion

A 995 motion, also known as a Penal Code 995 motion, is a legal procedure in California that allows a defendant to challenge the sufficiency of the evidence presented at the preliminary hearing. The purpose of the motion is to seek the dismissal of certain charges before the case proceeds to trial.

Here’s how the 995 motion process generally works:

1. Preliminary Hearing: In California, a preliminary hearing is conducted to determine whether there is enough evidence to justify holding the defendant for trial on the charges. During this hearing, the prosecution presents evidence and witnesses to establish probable cause.
2. Penal Code 995: After the preliminary hearing, if the defense believes that there is insufficient evidence to support certain charges, the defense attorney can file a Penal Code 995 motion. This motion is a legal argument asserting that there is not enough evidence to warrant the defendant’s trial on specific charges.
3. Grounds for the Motion: Grounds for a 995 motion may include arguing that there was insufficient evidence presented at the preliminary hearing to establish probable cause for the charges. The defense may also challenge the admissibility of evidence or procedural errors during the preliminary hearing.
4. Judicial Review: The judge reviews the motion and considers the evidence presented at the preliminary hearing. The judge may also consider legal arguments from both the prosecution and the defense.
5. Decision: If the judge grants the 995 motion, the charges specified in the motion are dismissed, and the case proceeds only on the remaining charges. If the motion is denied, the case continues to trial on all charges.

It’s important to note that the success of a 995 motion depends on the specific circumstances of the case and the legal arguments presented. The judge’s decision is based on a careful review of the evidence and legal considerations. If a 995 motion is denied, the defense still has the opportunity to challenge the evidence and present defenses during the trial.