In Southern California, understanding the power of a Penal Code 995 motion is crucial when facing criminal charges. This legal maneuver allows defendants to request the dismissal of their case following a preliminary hearing. Paloma Law is a seasoned criminal defense attorney located in Southern California here to guide you through this essential aspect of the legal process.

Penal Code Section 995 empowers defendants to challenge a case's continuation if the preliminary hearing judge erred in their determination.

The motion asserts that the evidence presented during the preliminary hearing does not establish a reasonable inference of guilt. It's a powerful tool, allowing defendants the opportunity to have their charges dismissed entirely without the need for a risky jury trial.

Misdemeanor Versus Felony Charges

A 995 motion cannot be used to respond to a criminal complaint of only misdemeanor charges, but could be used if the charges include both felony and misdemeanor charges. This is because without a felony charge, there will be no preliminary hearing.

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As a seasoned criminal defense attorney we are skilled in deploying the Penal Code 995 motion to protect your rights. We recognize that this motion serves as a vital checkpoint in the legal process, providing a fresh perspective on your case. Should the motion succeed, your charges may be completely dismissed. However, prosecutors can appeal the decision, and we are prepared to navigate this intricate process on your behalf.

Don't navigate the complexities of the California legal system alone. Contact our seasoned criminal defense attorney in Southern California today for the experienced guidance and support you need to protect your future.