![]() However, you should know that charges are sometimes refiled after getting dismissed. Note that “court days” do not include weekends or holidays.Ĭomplete a Free Case Evaluation form now Outcomes of a PC 991 Motion in CaliforniaĪ PC 991 motion can lead to the dismissal of misdemeanor charges in California. However, the court can sometimes request a continuance for “good cause.” This allows the court to put off making a decision for up to three court days. ![]() Sworn complaints and associated documents.A judge can end up relying on things like: Therefore, there is often limited evidence available to the court. Generally, this hearing takes place within 48 hours of an arrest. PC 991 motions are handled at an individual’s arraignment hearing. However, they do work to get some charges dismissed in California.Ĭlick to contact our Understanding California’s Penal Code today Evidence Considered for a PC 991 Motion As you can see, the uses of a PC 991 motion are somewhat limited. These motions are also not used in cases involving felony charges. Individuals who plead guilty or no contest cannot file a PC 991 motion. These individuals can file a PC 991 motion if they were in custody before their arraignment hearing and entered a not guilty plea to the charges against them. This 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. How Do I Choose A Los Angeles DUI Attorney?. ![]()
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