Dismiss Criminal Charges Before Trial with a 995 Motion in California
Understanding 995 Motions to Dismiss in California: Process, Strategy, and Case Results
A 995 motion, as defined under California Penal Code, is a powerful legal tool for challenging the evidence presented during a preliminary hearing. This motion allows defendants to argue that the prosecution failed to establish probable cause or made procedural errors, which can result in charges being dismissed before trial. For those facing serious criminal charges, a successful 995 motion can save them from the stress, expense, and risks of a lengthy trial or a potential conviction. The strength of this legal strategy lies in the ability of a skilled criminal defense attorney to identify weaknesses in the prosecution’s case and present compelling arguments for dismissal.
If you or a loved one is facing criminal charges in Los Angeles, a 995 motion could make all the difference. Call The Law Offices of Arash Hashemi today at (310) 448-1529 to learn more about your legal options and how we can help protect your future.
What Is a 995 Motion to Dismiss?
A Penal Code 995 motion is a pretrial legal tool used to challenge a judge’s decision to hold a defendant to answer for trial after a preliminary hearing. This motion argues that errors during the hearing—such as insufficient evidence or procedural violations—render the charges invalid and warrant dismissal.
Grounds for Filing a 995 Motion
A 995 motion is appropriate when there are significant flaws in the preliminary hearing process, such as insufficient evidence or procedural mistakes. If the prosecution cannot present enough credible evidence to establish probable cause for the charges, this can serve as grounds for dismissal. Additionally, errors like using inadmissible evidence or failing to follow court procedures can undermine the legitimacy of the hearing. These issues not only weaken the prosecution’s case but also provide a strong basis for challenging the decision to hold a defendant to answer for trial.
Key Objectives of a 995 Motion
The primary goals of a 995 motion are to challenge the prosecution’s case and prevent unnecessary trials. By highlighting weaknesses in the evidence, the defense aims to show that the prosecution has failed to provide sufficient justification for proceeding with the charges. Successfully arguing a 995 motion can lead to the dismissal of charges, sparing the defendant from the financial burden, emotional toll, and potential risks of a lengthy trial. This strategic tool is often used to ensure that only cases with a solid legal foundation move forward in the criminal justice process.
When Can a 995 Motion Be Filed?
A 995 motion is filed after the preliminary hearing, typically within a specific timeframe. It is particularly applicable when:
- Evidence Is Questionable: The prosecution relies on weak or circumstantial evidence that does not establish probable cause.
- Errors Were Made During the Hearing: Procedural or constitutional violations compromised the fairness of the hearing.
By filing a 995 motion, defendants have the opportunity to challenge the foundation of the prosecution’s case and potentially end the legal proceedings before they escalate to trial.
How Does the 995 Motion Process Work in California?
The 995 motion process provides defendants with a chance to challenge the validity of a judge’s decision after a preliminary hearing. This strategic legal maneuver involves the following steps:
Filing the Motion
The defense attorney begins by drafting a detailed motion that outlines the reasons for dismissing the charges. This document often includes:
- Legal precedents supporting the dismissal.
- Identified gaps in the prosecution’s evidence, such as insufficient probable cause or reliance on inadmissible material.
- Analysis of inconsistent or unreliable testimony presented during the preliminary hearing.
Judicial Review
Once the motion is filed, the judge reviews the transcript of the preliminary hearing along with the arguments made by both the defense and prosecution. The review focuses on whether the evidence presented at the hearing legally justifies proceeding to trial.
Possible Outcomes of a 995 Motion
The judge’s ruling on the motion can result in:
- Dismissal of Charges: If the court determines that the prosecution failed to meet the legal standard for probable cause, the charges may be dismissed, ending the case.
- Case Proceeding to Trial: If the judge finds sufficient evidence to support probable cause, the charges will remain, and the case will move forward to trial.
This process is a critical opportunity for defendants to challenge weak or procedurally flawed cases, potentially avoiding a trial and its associated consequences.
Case Result: Attempted Murder Charges Dismissed
Attorney Arash Hashemi successfully utilized a Penal Code 995 motion to secure the dismissal of attempted murder charges for a client in Los Angeles. The client had been accused of attempted murder (PC 664-187(A)) during a physical altercation but maintained that their actions were in self-defense. Initially, the prosecution reduced the charges to attempted voluntary manslaughter (PC 664-192(A)) but added a firearm enhancement, significantly increasing the potential penalties and creating a high-stakes situation.
During the preliminary hearing, the court scrutinized whether the client’s actions were proportional to the perceived threat they faced. Attorney Hashemi strategically challenged the prosecution’s case by filing a 995 motion. The motion argued that the evidence presented failed to demonstrate intent to kill, a critical element of the charges, and further established that the client’s actions were legally justified as self-defense.
Following extensive oral arguments and a detailed review of the evidence, the judge ruled in favor of the defense, finding that the prosecution lacked sufficient probable cause to proceed. The court dismissed all charges, including the firearm enhancement, sparing the client from the severe consequences of a conviction and preserving their future.
Benefits of Filing a 995 Motion
Why Hire an Experienced Defense Attorney in Los Angeles?
Hiring an experienced criminal defense attorney in Los Angeles can make all the difference when challenging the charges against you. Successfully filing a Penal Code 995 motion requires a deep understanding of California criminal law, meticulous case analysis, and the ability to craft persuasive arguments. At The Law Offices of Arash Hashemi, we specialize in identifying weaknesses in the prosecution’s case, such as insufficient evidence or procedural errors, and leveraging those flaws to your advantage. Our legal team drafts compelling motions backed by case law and evidence, ensuring the strongest possible presentation in court.
With over 20 years of criminal defense experience, Attorney Arash Hashemi has built a reputation for securing dismissals in high-stakes cases, including attempted murder and other serious felonies. His dedication to protecting clients’ rights and future drives his strategic approach to every case. Whether you’re facing severe criminal allegations or seeking to avoid the stress and cost of a trial, our firm is here to help you navigate the legal system with confidence. Contact us today to discuss how a 995 motion could benefit your case.
Take Action with an Experienced Los Angeles Criminal Defense Attorney
If you or a loved one is facing criminal charges in Los Angeles, a Penal Code 995 motion could be the key to securing a case dismissal. At The Law Offices of Arash Hashemi, we have the knowledge and experience to effectively challenge probable cause and fight for the best possible outcome.
With over 20 years of defending clients in high-stakes cases, we understand the importance of crafting a strong legal strategy tailored to your situation.
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