What is a 995 PC motion?
A PC 995 motion to dismiss is a legal motion seeking the dismissal of a criminal case based on section 995 of the Penal Code. It is filed after a “preliminary hearing” in a felony case.
What is a PC motion?
What is a motion to continue? Penal Code 1050 PC. Penal Code 1050 PC is the California statute that sets forth the procedures for filing a continuance. A 1050 motion to continue is a request by a party in a criminal case to postpone a court date. The date can be for a pretrial matter or a trial.
What is a 955 motion?
A motion under Penal Code § 995 is known as a “995 Motion.” It asks a judge to dismiss the whole or just parts of an information (the criminal complaint after a preliminary hearing) when the judge at the preliminary hearing in the matter failed to do so.
What is pc1385?
Your loved one is accused of committing a felony. The petition asks the judge to exercise his/her authority to strike prior convictions on an individual’s record which makes it impossible for anyone to see the prior arrest record. …
How do you beat a Marsden motion?
To win on a Marsden motion, the defendant must show that her attorney is providing inadequate representation, or that they have an irreconcilable conflict that would result in inadequate representation. This is a legal standard.
What are special allegations?
“Special allegations” tend to allege specific conduct–such as she personally used a firearm, etc. They also tend to drastically increase the possible sentence…
What is a Romero motion?
A Romero motion is where the defense asks the court to remove or “strike” a prior strike conviction for the purposes of sentencing. The defense can bring the motion at any point in a California criminal case up to the sentencing hearing.
When can a judge dismiss a case?
An order to dismiss a case can occur when the appellate court, having reversed the conviction on the grounds of a bad search or arrest, examines what’s left of the case and determines that there is not enough evidence to warrant another trial.
What does suppression of evidence mean in law?
Suppression of evidence is a fancy way of saying the evidence can’t be used in court. In order to suppress evidence, the criminal defense lawyer must file a formal motion to exclude the evidence. The motion can be filed in federal or state court depending on where the case is being tried.
What does case dismissed in the interest of justice mean?
Dismissal in the interest of justice allows a court to dismiss a procedurally proper, but unjust or unjustifiable, cause of action. Thus, dismissing cases in the interest of justice can provide a check where few exist for overzealous prosecutions, race-based patrolling, and overuse of “three strikes” laws.
What is the Strickland rule?
Washington, 466 U.S. 668 (1984), was a landmark Supreme Court case that established the standard for determining when a criminal defendant’s Sixth Amendment right to counsel is violated by that counsel’s inadequate performance.
What is considered ineffective counsel?
Ineffective assistance of counsel is a claim asserted by a criminal defendant that his or her defense attorney failed to perform in a reasonably competent manner. This violates the right to effective counsel (and thus a fair trial) as guaranteed by the Sixth Amendment to the U.S. Constitution.
When to file a California penal code 995 motion?
(Former DA explains) A California Penal Code 995 motion asks the trial judge in a felony case to dismiss one or more of the charges. The defense makes the motion after a California preliminary hearing but before trial.
What is a 995 motion to dismiss the information?
Thus a 995 motion asks the trial judge to “set aside” (dismiss) all or part of the complaint. The judge will grant the motion if there were insufficient legal grounds to bind the defendant over for trial. 1. What is a Penal Code 995 motion?
Can a 995 motion for sale be granted?
The complaint simply contains the bare allegation that Bill intended to sell the cocaine. Since there are no facts to support the allegation, Bill’s 995 motion should be granted as to the possession for sale charge. [14]
Can a 995 motion for possession of cocaine be granted?
But the prosecutor presents no evidence of intent to sell (such as scales or separate baggies). The complaint simply contains the bare allegation that Bill intended to sell the cocaine. Since there are no facts to support the allegation, Bill’s 995 motion should be granted as to the possession for sale charge.