It must occur before the defendant’s criminal trial starts. Note that this process generally takes place before pretrial hearings begin. In California, the prosecution has to file an “information” to proceed with felony charges in court.Īfter the prosecution files this information, the defense can make a PC 995 motion. These motions are only made after a preliminary hearing for a felony offense. Put simply, a PC 995 motion asks a judge to set aside the charges an individual faces in California. Argues that the crime involved special circumstances.However, lawyers can use this motion if the prosecution: This motion will not work for cases involving only misdemeanors. A lawyer can make this motion if someone is charged with both a felony and a misdemeanor. Basic Information About Motions to DismissĬriminal defense lawyers in Los Angeles can file a PC 995 motion in cases involving felony charges.
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Members of our team are ready to help you now. We’ll go over the circumstances that allow for a motion to dismiss and help you file.
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This means that an individual cannot be convicted of them.įind out more about how to file a PC 995 motion with the Simmrin Law Group. Charges dismissed through a PC 995 motion are set aside. The court system uses Penal Code 995 to allow this motion. It’s possible to file a motion to dismiss in felony cases in California.
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Failure to state a claim upon which relief may be granted – If the claim is based upon perceived negligence but is not based upon a legal duty the defendant owed the plaintiff, then there, the defendant can file a motion to dismiss.
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Your lawyer can use that information to decide if it is worth filing a motion to dismiss. Talk to your lawyer about the way you were served and if there was anything odd about it.