More info at www.shouselaw.com 888-327-4652 Penal Code 995 Motions to Dismiss in California, explained a former police officer turned criminal defense lawyer. At the conclusion of a preliminary hearing, the judge must decide whether he/she believes that there is sufficient evidence to “hold you to answer for the charge(s)”. If the judge rules that there is, you are “committed”, and your case proceeds to the trial court for further California pretrial proceedings. Fortunately, California criminal law provides relief if you believe that the judge’s ruling was incorrect. This relief is available through what’s known as a California Penal Code 995 “motion to set aside the information”. Your criminal defense attorney makes a Penal Code 995 motion when you were 1.illegally committed, and/or 2.committed without probable cause.

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