CRIMINAL - Motion to Dismiss Criminal Case - a Motion to Dismiss in a criminal case, (in California, referred to as a Penal Code Section 995 motion), asks the court to dismiss the charges against the defendant if the preliminary hearing judge erred in finding probable cause OR if the information (the criminal complaint after a preliminary hearing) is legally insufficient (State & Federal Courts).
A Motion to Dismiss allows a defendant to challenge the legal sufficiency of the charges against them before trial. This motion is typically filed after the preliminary hearing, where the judge determines if there's enough evidence to proceed to trial.
The motion can be based on various grounds, including:
- Insufficient evidence: If the evidence presented at the preliminary hearing does not establish probable cause for the charges.
- Legal errors: If the preliminary hearing judge made a mistake in their rulings or the information is flawed.
- Violation of rights: If the defendant's constitutional rights were violated during the investigation or preliminary hearing.
If the court grants the motion, the charges are dismissed, and the case cannot proceed to trial.
Other ways to get a case dismissed:
- Pretrial Motion to Suppress: If law enforcement violated your constitutional rights during the investigation, you could file a Motion to Suppress the Evidence, which could lead to dismissal if the prosecution's case is weakened.
- Participate in a Pretrial Diversion Program: Some cases may be eligible for dismissal through a diversion program, where the defendant completes certain requirements in exchange for the charges being dropped.
Does not include any filing fees or court costs.
CRIMINAL - Motion to Dismiss Criminal Case (Nationwide)
CRIMINAL - Motion to Dismiss Criminal Case - a Motion to Dismiss in a criminal case, (in California, referred to as a Penal Code Section 995 motion), asks the court to dismiss the charges against the defendant if the preliminary hearing judge erred in finding probable cause OR if the information (the criminal complaint after a preliminary hearing) is legally insufficient (State & Federal Courts).
A Motion to Dismiss allows a defendant to challenge the legal sufficiency of the charges against them before trial. This motion is typically filed after the preliminary hearing, where the judge determines if there's enough evidence to proceed to trial.
The motion can be based on various grounds, including:
- Insufficient evidence: If the evidence presented at the preliminary hearing does not establish probable cause for the charges.
- Legal errors: If the preliminary hearing judge made a mistake in their rulings or the information is flawed.
- Violation of rights: If the defendant's constitutional rights were violated during the investigation or preliminary hearing.
If the court grants the motion, the charges are dismissed, and the case cannot proceed to trial.
Other ways to get a case dismissed:
- Pretrial Motion to Suppress: If law enforcement violated your constitutional rights during the investigation, you could file a Motion to Suppress the Evidence, which could lead to dismissal if the prosecution's case is weakened.
- Participate in a Pretrial Diversion Program: Some cases may be eligible for dismissal through a diversion program, where the defendant completes certain requirements in exchange for the charges being dropped.
Does not include any filing fees or court costs.