Essentially, in a felony case, the defendant is entitled to a crucial preliminary hearing. This hearing serves as a pivotal moment, where the prosecutor must present evidence that demonstrates the individual being charged is guilty of the crimes alleged against them.
After the preliminary hearing, the prosecutor will ask the judge to hold the person to answer for the charges. Meaning, find that the prosecutor has presented a prima facie case — in other words, the bare elements of the offense to move the case into the trial court.
If the judge finds that the person is worthy of being bound over to the trial court, then the person will be arraigned in the trial court, and the case will proceed to trial or a resolution, the outcome of which is uncertain and carries significant implications.
After the case is over in the bound trial court, the defense can file a Penal Code Section 995 Motion and argue to the new judge, the trial judge, that the person did not commit the offenses and that the prosecutor did not present enough evidence to hold the person to answer. If the defense is successful, they can have the charges or the entire case dismissed, and the defendant is done with the case.
If the defense is unsuccessful, the case will proceed and either be resolved through a plea bargain or a jury trial, whichever the defendant believes is in their best interest. If the 995 Motion is granted, the charges or the entire case may be dismissed, and the defendant is done with the case. However, if the 995 Motion is denied, the case will continue to trial or resolution.
It's not easy to win a 995 Motion. The standard for prosecutors to prove that there's enough evidence to hold a trial on the case is a very low one. They essentially have to prove the elements of the charge or charges and demonstrate a reasonable suspicion that the person committed the crime.
That's the key language, and again, that's not beyond a reasonable doubt. I don't even think that the preponderance of the evidence which would be 51%. Therefore, it's a very low standard or burden for prosecutors to meet.
Prosecutor Failing to Include Evidence
Typically, I see 995 Motions being granted when prosecutors fail to include evidence of one or more elements of the crime for which the person is being charged, and the judge has no choice but to dismiss the case.
However, it is worth noting that judges in Los Angeles County are typically former prosecutors. Most of them are very conservative, so they're not inclined to dismiss a case unless it has a real inherent problem, and the prosecutors were simply unable to present enough evidence or didn't present it effectively. Then the defense can take advantage of that and get the Motion granted.
Written 995 Motion Filed in Court
Essentially, a written Motion is filed with the court. You must give the prosecutor ten days' notice, and the prosecutor may file an opposition if they choose.
They don't have to, and a hearing is then held before the judge. The judge will hear oral arguments from both sides. Oral arguments are a chance for each side to present their case verbally, highlighting key points and responding to the other side's arguments. The judge will then rule on the motion, essentially deciding whether the case will be dismissed or one of the counts will be dismissed.
Most of the time, the defense, of course, will try to get the whole case dismissed through a 995 Motion. However, sometimes it's clear that some counts will not be dismissed, so perhaps some of the other counts should be dismissed as well.
So, you file the Motion and ask the judge to grant it as to certain counts. Present your argument, and then the judge will make the final decision on your Motion.
Hedding Law Firm is a criminal defense firm located in the San Fernando Valley area of Los Angeles County, at 16000 Ventura Blvd, #1208, Encino, CA 91436. We are also located at 633 West Fifth Street, Los Angeles, CA 90071. Contact us for a free case evaluation at (213) 542-0979.
