California Motion to Dismiss Counts of Indictment

State:
Multi-State
Control #:
US-02616BG
Format:
Word; 
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Description

Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:


" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;

" When more than one offense is charged in a single count;

" When it does not describe a public offense;

" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;

" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and

" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.


The above is not an exhaustive list.

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FAQ

In California state criminal procedure, a motion to dismiss pursuant to Penal Code Section 995 gives the defendant the option of moving a trial court to dismiss their criminal case following a preliminary hearing at which the defendant was held to answer on one or more criminal charges.

A motion under Penal Code § 995 is known as a ?995 Motion.? It asks a judge to dismiss the whole or just parts of an information (the criminal complaint after a preliminary hearing) when the judge at the preliminary hearing in the matter failed to do so. People v. Hudson (1917) 35 Cal.

955. The precise time at which the offense was committed need not be stated in the accusatory pleading, but it may be alleged to have been committed at any time before the finding or filing thereof, except where the time is a material ingredient in the offense. (Amended by Stats. 1951, Ch.

Because the prosecutor filed the charge, they also have the discretion to dismiss it if they believe the facts and circumstances warrant it. Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case.

Motions to dismiss are filed for a range of reasons, which may include: Statute of limitations expiration: The case does not fall within California's time limit for filing. Lack of subject matter jurisdiction: The court does not have the authority to hear this type of case.

To be timely, a 995 motion must be filed within 60 days after arraignment in the trial court, unless the defense was unaware of that the information lacked probable cause and had no opportunity to raise it.

To protect against these problems, Penal Code 1382 PC requires the court to set a trial date within the prescribed timeframe after a defendant's arraignment. If the court fails to do so, and if no exception to the rule has been granted, the defendant can file a motion to have the charges dismissed.

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California Motion to Dismiss Counts of Indictment