When someone is charged with a crime in California, the case does not automatically go straight to trial. In most felony cases, the process begins with a preliminary hearing, where a judge decides whether the prosecution has enough evidence to continue.
If the judge rules that the defendant should be “held to answer,” the case moves forward to the Superior Court for trial. However, California law gives defendants an important safeguard at this stage: the ability to file a Motion to Dismiss under California Penal Code § 995.
This guide explains what Penal Code § 995 means, how it works, when it applies, and what defendants should know about using it as part of a criminal defense strategy.
What Is California Penal Code § 995?
California Penal Code § 995 is a law that allows a defendant to challenge criminal charges after a preliminary hearing. Specifically, it gives the defense the right to ask the court to dismiss charges if the defendant was improperly ordered to stand trial.
In simple terms, it is a legal tool used to argue:
“The prosecution did not present enough legally valid evidence to justify a trial.”
This motion does not decide guilt or innocence. Instead, it focuses on whether the case should have been allowed to proceed past the preliminary hearing in the first place.
Purpose of a Penal Code § 995 Motion
The criminal justice system is designed to prevent weak or unsupported cases from reaching trial. The § 995 motion serves as a protection against:
- Cases with insufficient evidence
- Procedural errors during the preliminary hearing
- Violations of legal or constitutional rights
- Improper rulings by the judge at the preliminary stage
Essentially, it acts as a quality control mechanism to ensure that only properly supported felony charges move forward.
However, courts give prosecutors some flexibility at this stage. Because of that, § 995 motions are not automatically granted and require strong legal arguments.
When Can a § 995 Motion Be Filed?
A motion under Penal Code § 995 can only be filed after specific steps occur in the criminal process:
- A preliminary hearing has been conducted
- The judge has ruled that the defendant is “held to answer”
- The prosecution files a formal charging document (called an Information)
- The defendant is arraigned in Superior Court
Filing Deadline
In California, the motion must generally be filed within 15 days of arraignment in the Superior Court. Missing this deadline usually means the defendant loses the right to challenge the case under this statute.
Because timing is strict, defense attorneys typically prepare this motion quickly after arraignment.
Legal Standard: Probable Cause
The most important concept in a § 995 motion is probable cause.
Probable cause means there is enough evidence to reasonably believe that:
- A crime occurred, and
- The defendant committed it
This is a relatively low legal standard. It is much lower than the “beyond a reasonable doubt” standard used at trial.
Because of this, even weak cases may still survive a § 995 challenge. Courts generally do not weigh credibility deeply at this stage; they focus on whether some legally valid evidence exists.
Common Grounds for a § 995 Motion to Dismiss
A defendant cannot simply argue that the case is unfair. The motion must be based on specific legal defects in the preliminary hearing process.
1. Lack of Sufficient Evidence
The most common argument is that the prosecution failed to present enough evidence to justify holding the defendant for trial.
Examples include:
- No physical evidence linking the defendant to the crime
- Weak or unclear witness identification
- Evidence based purely on speculation
2. Reliance on Inadmissible Evidence
If the magistrate relied on evidence that should not have been legally considered, the ruling may be invalid.
This may include:
- Improper hearsay with no legal exception
- Evidence obtained in violation of constitutional rights
- Testimony that does not meet legal standards
3. Procedural Errors During the Preliminary Hearing
The preliminary hearing must follow proper legal procedures. A § 995 motion may be appropriate if:
- The defense was denied the right to cross-examine witnesses
- The court improperly restricted defense participation
- Required procedures were not followed correctly
4. Improper Charging Decisions
Sometimes the evidence supports only a lesser offense, but the defendant is held to answer for a more serious charge.
A § 995 motion may argue that:
- The charges exceed what the evidence supports
- The magistrate made an error in evaluating the offense level
5. Lack of Jurisdiction or Legal Authority
In rare cases, the court may not have had proper legal authority to proceed, which can also support dismissal.
What Happens After a § 995 Motion Is Filed?
Once the defense files the motion, the court process generally includes:
Written Legal Arguments
Both sides submit written briefs explaining their positions. The defense outlines why the case should be dismissed, while the prosecution argues that the preliminary hearing evidence was sufficient.
Court Review
The judge reviews:
- The transcript of the preliminary hearing
- Exhibits and evidence presented
- Legal arguments from both sides
Court Hearing
In many cases, a hearing is scheduled where attorneys may orally argue their positions.
Final Decision
The judge will either:
- Grant the motion and dismiss the affected charges, or
- Deny the motion and allow the case to proceed to trial
What Happens If the Motion Is Granted?
If a judge grants a Penal Code § 995 motion:
- One or more charges may be dismissed
- The defendant may avoid trial on those charges
- The prosecution may, in some situations, attempt to refile charges if legally permitted
A dismissal at this stage can significantly reduce the seriousness of the case or, in some situations, end it entirely.
What Happens If the Motion Is Denied?
If the motion is denied:
- The case continues toward trial
- The defense can still challenge evidence later in the process
- Other motions may still be available
A denial does not mean the case is lost; it simply means the judge believes enough evidence exists to proceed.
Strategic Importance of a § 995 Motion
Even when it is not successful, a § 995 motion can still be valuable in a criminal defense strategy.
It can:
- Highlight weaknesses in the prosecution’s case early
- Force prosecutors to re-evaluate evidence
- Preserve issues for appeal later
- Create leverage for plea negotiations
- Narrow the scope of charges before trial
For these reasons, defense attorneys often file it whenever there is a reasonable legal basis.
Difference Between § 995 and Other Criminal Motions
§ 995 Motion vs. Motion to Suppress
A § 995 motion focuses on whether the prosecution had enough evidence at the preliminary hearing.
A motion to suppress focuses on whether evidence was illegally obtained, such as through an unlawful search or seizure.
§ 995 Motion vs. Trial Defense
A § 995 motion happens before trial and focuses only on legal sufficiency at the preliminary stage. A trial determines guilt or innocence based on full evidence and testimony.
Why Legal Representation Matters
A § 995 motion is highly technical. It requires:
- Knowledge of criminal procedure
- Careful review of preliminary hearing transcripts
- Strong legal argumentation
- Understanding of evidentiary standards
Because of this, defendants typically rely on experienced criminal defense attorneys to prepare and argue these motions effectively.
Final Thoughts
California Penal Code § 995 is a critical safeguard in the criminal justice system. It allows defendants to challenge weak or improperly supported charges after a preliminary hearing and potentially avoid unnecessary trials. While it does not guarantee dismissal, it provides an important opportunity to challenge cases early in the process.
Take Action
If you or someone you know is facing criminal charges in Southern California, you may have legal options available under California Penal Code § 995 and other defense strategies. Deadlines in criminal cases are strict, and early legal action can make a major difference in the outcome of your case. Contact Southwest Legal today to speak with a criminal defense attorney who can review your situation, explain your rights, and help you understand your best legal options moving forward.