When the Judge Gets it Wrong
There are a number of precautionary steps within California’s criminal justice system to try to prevent innocent people from being wrongly prosecuted and convicted. One of these steps is a preliminary hearing. A preliminary hearing is held at the beginning of a felony case. Its purpose is to make sure that the prosecution has “probable cause” (that is, sufficient evidence) to “hold you to answer” for your charge(s).
But fortunately, even this type of proceeding is subject to additional “checks and balances”. This is because sometimes the judge simply gets it wrong. When this is the case, California criminal defense attorneys file what is known as a California Penal Code 995 motion to set aside the information.
A California Penal Code 995 motion to set aside the information is a request for a judge to dismiss one or more of the charges against the defendant. The defense files this motion immediately following a preliminary hearing when the defendant has either (1) been illegally committed, or (2) committed without probable cause.
If successful, the requested charge(s) will be dismissed, and the prosecution may even be inclined to offer you a generous plea bargain for any remaining counts. If denied, there is yet another possible remedy to cure the mistake…an appeal.
