If you or someone you care about has been arrested for a misdemeanor in California and is being held in custody, there may be a powerful legal tool available to challenge the charges right from the start. California Penal Code § 991 or PC 991 allows a defendant to request a dismissal of misdemeanor charges at the arraignment stage, based on a lack of probable cause. This motion can be filed immediately after the defendant pleads not guilty, and if granted, can result in the case being thrown out before it even gets started. Understanding how this motion works, who qualifies, and what’s at stake is critical if you’re navigating the criminal justice system. This guide breaks down everything you need to know about PC 991 and how it might impact your case.
What Is Penal Code § 991?
Penal Code § 991 or PC 991 is a California law that gives misdemeanor defendants in custody the right to ask the court to review whether there is enough evidence to justify holding them for trial. This legal process takes place at arraignment, the defendant’s first court appearance, and is aimed at protecting people from being jailed without probable cause.
Under this law, once a defendant pleads not guilty, the judge is required to determine if there is probable cause to believe the person committed a public offense. If the judge finds there is not enough evidence to support the charges, the court must dismiss the complaint and release the defendant.
Who Can File a PC 991 Motion?
Not every person charged with a misdemeanor is eligible to file a PC 991 motion. There are specific conditions that must be met:
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The defendant must be in custody at the time of the arraignment.
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The charge must be a misdemeanor. This motion does not apply to felony offenses.
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The defendant must enter a not guilty plea.
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The motion must be made at the time of arraignment — not afterward.
If all of these requirements are met, the court must review the prosecution’s materials — typically police reports, affidavits, and other sworn documents — to determine if there is probable cause.
Timing and Procedure
The PC 991 motion is made during the arraignment hearing. Once the defendant pleads not guilty, the defense attorney may immediately request the court to make a probable cause determination.
In most cases, the judge must rule on the motion right away. However, the court may grant a short continuance — up to three court days — if more time is needed to review the case materials or allow the prosecution to provide documents. Even with a continuance, the law requires the court to make a decision within that limited timeframe.
Importantly, this is not a full trial. The judge does not consider live testimony or allow cross-examination. Instead, the ruling is based solely on written reports, complaints, and affidavits submitted by the prosecution.
What Is Probable Cause?
Probable cause is a lower standard than “beyond a reasonable doubt.” It means there is a reasonable basis to believe that a crime was committed and that the defendant committed it. It doesn’t require ironclad proof or certainty — just enough to support continuing the case.
If the judge finds there is probable cause for any of the charges filed, the entire PC 991 motion is denied, and the case proceeds. The judge cannot dismiss some charges and keep others; it’s an all-or-nothing decision.
What Happens If the Motion Is Granted?
If the court finds there is no probable cause, it must dismiss the case, and the defendant is released from custody. However, the prosecution has 15 days to refile the charges. If the case is refiled and the defendant is once again taken into custody, they are allowed to file a second PC 991 motion. If that second motion is also granted, the law prohibits the prosecution from filing the same charges a third time.
Strategic Use of PC 991
Filing a motion under Penal Code § 991 can be a smart legal strategy, but it must be done quickly and with precision. It can be particularly effective in cases where the prosecution’s evidence is weak, incomplete, or based on questionable witness statements.
Some of the strategic advantages include:
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Early dismissal of charges, avoiding a lengthy and stressful legal process.
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Reduction of legal costs associated with extended court proceedings.
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Immediate release from jail if the motion is granted.
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Increased leverage in plea negotiations if the prosecution’s case is weak.
However, there are also risks and limitations. For one, the court will not consider live testimony or evidence from the defense at this stage. The judge will only look at the materials provided by the prosecution. And because the standard is relatively low, many PC 991 motions are denied unless the complaint is clearly lacking in substance.
Common Scenarios Where PC 991 May Apply
While PC 991 motions are not appropriate for every case, they are particularly useful in the following scenarios:
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The police report lacks a witness or physical evidence.
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The arrest was made on minimal or unreliable information.
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The charge was based on a misunderstanding or false accusation.
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The defendant was arrested without a warrant and no probable cause is documented.
These are the types of situations where a judge may be inclined to dismiss the case early through a PC 991 motion.
Limitations of PC 991
It’s important to remember that Penal Code § 991 has a limited application. It only applies to misdemeanor charges, and only if the defendant is in custody at arraignment. It does not apply to felony cases or to individuals who have been released before appearing in court.
Additionally, even if the motion is granted and charges are dismissed, the prosecution still has a short window to refile. This can happen if additional evidence becomes available.
Finally, if probable cause exists for just one of the charges, the entire motion fails. This means that even if most of the complaint is weak, the court won’t dismiss just part of it — it must deny the motion entirely.
Alternatives to PC 991
If a PC 991 motion is not available, or if it’s denied, there are still other legal options to challenge a weak case:
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Penal Code § 995 Motion – used to challenge felony charges after a preliminary hearing.
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Motion to Suppress Evidence (PC 1538.5) – used to exclude illegally obtained evidence.
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Motion to Dismiss in the Interest of Justice (PC 1385) – a discretionary request for dismissal based on fairness or legal policy.
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Serna Motion (PC 1382) – challenges excessive delay in bringing the case to trial.
Each of these motions serves a different purpose and can be used at various stages of a criminal proceeding. A skilled criminal defense attorney can help determine the most appropriate strategy based on the unique facts of the case.
Final Thoughts
A motion under California Penal Code § 991 can be a powerful tool to challenge misdemeanor charges at the earliest stage of the legal process. It provides a way to test the strength of the prosecution’s case before being dragged into a lengthy court battle. However, this motion comes with strict eligibility requirements and must be filed at the right time to be effective.
If you’ve been arrested for a misdemeanor in California and are in custody awaiting arraignment, don’t wait. Timing is critical, and the right legal strategy could make all the difference in your case.
Contact Southwest Legal Today
Facing criminal charges is stressful and overwhelming — but you don’t have to go through it alone. At Southwest Legal, our experienced attorneys understand how to navigate the California criminal justice system and will fight to protect your rights from day one. If you or a loved one has been arrested for a misdemeanor, call us today to discuss whether a PC 991 motion is right for your case. Call now for a free consultation — your defense starts here.
