4/10/2024 0 Comments Motion to dismiss californiaThis motion is only available to certain individuals charged with misdemeanors. Not everyone charged with a crime in California can file a PC 991 motion. Lacking enough evidence to constitute probable cause can put a defendant in a position to file a PC 991 motion to have their case dismissed.Ĭalifornia Motion to Dismiss a Misdemeanor in California Lawyer Near Me (310) 896-2723 Individuals Allowed to File a PC 991 Motion However, people are often arrested with insufficient evidence to meet this standard. Probable cause is supposed to be established before a police officer makes an arrest. In order to be considered probable cause, it must be more likely than not that the suspect committed the crime in question. Probable cause is a standard set by the law for establishing the likelihood that a specific suspect committed a particular crime. When considering filing this motion, it is important to understand how the law defines probable cause. The court can also deny the motion, which allows the criminal trial to proceed.įor a free legal consultation with a motion to dismiss a misdemeanor in california lawyer serving California, call (310) 896-2723 Defining Probable CauseĪ PC 991 motion aims to get the court to drop the case due to lack of probable cause. In this case, an individual’s charges are dismissed. The judge can then allow the motion to pass. After making this motion, a judge has to consider the evidence associated with the case. Individuals can only request permission to submit a motion to dismiss a misdemeanor if they plead not guilty. After hearing the charges, the defendant must plead guilty, not guilty, or no contest. During this hearing, an individual learns about the charge(s) they are facing. An arraignment hearing is the first hearing an individual attends after an arrest.Ī number of other things happen at an arraignment hearing in California. This motion is filed at an individual’s arraignment hearing. PC 991 allows a criminal defense lawyer to request that the court dismiss a misdemeanor charge. A judge can dismiss charges if there is insufficient probable cause. A PC 991 motion requires the court to look for probable cause before proceeding with a criminal case. These motions can allow a lawyer to get misdemeanor charges dismissed before a criminal trial. The Simmrin Law Group can help you understand Penal Code 991 motions and how they apply to your case. If you’ve been charged with a misdemeanor in California, you might wonder about possible legal maneuvers to get it dismissed.
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