Motion 995

[sznnscarroll]

What is the name of your state (only U.S. law)? CA Could you please describe what it is when a criminal lawyer files a motion 995 and what it means and involves?

 

[FlyingRon]

It comes from section 995 PC that says the charges should be set aside if the indictment is either faulty or issued without probable cause. It's usually done at the preliminary hearing on the assertion to the judge that here isn't sufficient evidence for a finding of probable cause.

 

[StevenJ_420Law]

A 995 motion is sometimes used to demurrer to a complaint (such as potentially in a med mj or other affirmative defense or where improperly filed due to jurisdiction) but more commonly used to challenge the validity of a count on an indictment or in most cases, an information after being held to answer for a felony.

Typically, if you get held to answer on several counts, but the defense feels some or all of the counts lacked the probable cause for the holding order, they will file a 995 motion and challenge specifically the probable case for those counts in hopes to have those counts dismissed.