Motion to dismiss criminal
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A 995 motion can be granted if there was insufficient probable cause to hold the defendant to answer to the offenses charged in the Information or if there was a significant procedural error during the preliminary hearing that denied the defendant a fundamental right. Both the prosecution and defense will receive a copy of the preliminary hearing transcript and will have a chance to review it. When a defendant has been held to answer to criminal charges after his or her preliminary hearing, the defense has a chance to file a motion to dismiss the charges pursuant to California Penal Code Section 995 PC. Motion to Dismiss – California Penal Code Section 995 PC These motions are typically filed where a warrantless search is involved.Ģ. These are also filed in drug cases where police made an unauthorized entry or conducted an unauthorized search of a defendant’s home, office or vehicle.
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Motions to suppress are common in DUI cases where there may have been insufficient reasonable or probable cause to stop the defendant’s vehicle. In these cases, the case is usually dismissed because the prosecution is unable to move forward. If the police did not comply with the law when conducting a search or stopping a suspect, the resulting evidence may be suppressed. The United States and California Constitutions place limitations on warrantless searches and seizures. Whenever there is a search or seizure issue, it may be necessary to file a motion to suppress under California Penal Code Section 1538.5 PC. Motion to Suppress Evidence – California Penal Code Section 1538.5 PC The following is a partial list of just some of the most common legal motions filed and argued in Los Angeles criminal cases.ġ. In some cases, if the defense motion is granted the case may be dismissed or the prosecution may be unable to move forward, which would usually result in a dismissal. Ultimately, the judge will rule on the motion and this ruling will be binding on the parties. In many cases, the Court will have a hearing regarding the motion where the defense and prosecution are allowed to present witnesses and evidence and to argue the merits of the motion. A motion is a written summary of the facts of a case and pertinent legal arguments that is submitted to the Court and to opposing counsel. When a defendant has been charged with a felony or misdemeanor offense in Los Angeles, it may be necessary to file legal motions pertaining to specific issues or arguments that the defense is making.