Los Angeles 991 Motions Lawyer

A 991 motion is an aggressive early-stage request for dismissal that applies only to misdemeanor cases in California. It is filed at the very first court appearance, the arraignment, and asks the judge to dismiss the charges because the prosecution cannot demonstrate probable cause. By raising the issue immediately, the defense puts the government to its proof before the case gains momentum, sparing clients needless stress, cost, and reputational harm. Working with an experienced Los Angeles 991 motions lawyer can significantly increase the chances of a successful dismissal at this critical stage.

• Applies exclusively to misdemeanors filed in state court
• Must be made after a “not guilty” plea at the arraignment
• Forces the court to decide whether there is probable cause to believe both that a crime occurred and that the defendant committed it
• Allows the defense to spotlight constitutional violations or evidentiary gaps before the case proceeds

At The Kraut Criminal & DUI Lawyers, Inc., we bring deep experience and tactical insight to every stage of the Los Angeles criminal process. If the charges against you are flawed from the outset, our team is prepared to attack them and protect your rights from day one.

Los Angeles County’s vast court system handles tens of thousands of misdemeanor filings every year. Calendar congestion means that prosecutors frequently file cases with scanty police reports, while judges have limited time to scrutinize the evidence thoroughly. A well-crafted 991 motion interrupts that conveyor belt and requires the court to take a hard look at the prosecution’s file.

• Relieves overcrowded dockets by eliminating weak cases early
• Protects defendants from unnecessary bail, criminal protective orders, and onerous pretrial conditions
• Preserves employment, professional licenses, immigration status, and public reputation by avoiding prolonged litigation
• Signals to the prosecution that the defense is proactive, often leading to more favorable negotiations even if the motion is denied

An experienced 991 motions lawyer understands how to effectively leverage these motions to challenge weak filings.

Timing is everything. California Penal Code § 991 states that the motion must be heard at arraignment if the defendant is in custody; however, experienced counsel routinely invoke the statute for out-of-custody clients as well. Preparation begins the moment Kraut Law Group Criminal & DUI Lawyers is retained.

• Immediate review of the arrest report, body-worn camera footage, 911 calls, and witness statements
• Rapid subpoenas for dispatch logs, surveillance video, and officer training records that might not yet be in the prosecutor’s file
• Detailed memorandum of points and authorities filed with the court and served on the City Attorney or District Attorney.
• Persuasive oral argument anchored in factual gaps, Fourth or Fifth Amendment violations, and reliability challenges under Evidence Code § 402

Because arraignments move quickly, judges appreciate concise written briefs supported by organized exhibits. Our team ensures the court can verify every assertion within minutes, maximizing the chance of an immediate ruling.

The judge must determine whether there is probable cause, supported by reasonable suspicion, based on the circumstances, that the accused committed the charged offense. This is a lower threshold than “proof beyond a reasonable doubt,” but it still requires more than rumor or hunch.

• Hearsay from police reports is admissible, yet credibility still matters
• Illegally obtained evidence must be excluded from the probable cause calculus
• Ambiguous facts are construed in the defendant’s favor at this stage
• The prosecution bears the burden; silence or speculation cannot fill evidentiary gaps

If either element, commission of a public offense or identity of the perpetrator, is missing, the court must dismiss the complaint. A knowledgeable 991 motions lawyer can identify these gaps early and move decisively to challenge the prosecution’s case.

Every case is unique, but years of handling misdemeanors throughout Los Angeles reveal recurring fact patterns that undermine probable cause. Kraut Law Group Criminal & DUI Lawyers leverages this institutional knowledge to craft laser-focused motions.

• Citizen’s arrest gone wrong: Private security guards or store employees detain someone without witnessing every element of the offense
• Vehicle stops without reasonable suspicion: Traffic infractions manufactured to justify broader searches.
• Delayed arrest in domestic incidents: Officers rely solely on third-party hearsay long after any alleged injury
• Proof problems in alcohol-related offenses: Faulty PAS devices, mouth alcohol contamination, or misreported timelines
• Miranda and interview violations: Statements central to probable cause are excluded because warnings were omitted or tainted by coercion
• Lost or destroyed video: The absence of critical footage creates reasonable doubt that the defendant was the person involved

A skilled Los Angeles 991 motions lawyer can help the defense gain valuable leverage, even when the court denies a 991 motion.

• Locks the prosecution’s theory early, limiting later factual pivots
• Provides an on-the-record preview of the weaknesses the defense will highlight at trial
• Generates discovery that may have been overlooked or withheld
• Can persuade the judge to reduce bail, lift protective orders, or encourage diversion because the prima facie case is tenuous

Our firm’s founder, Michael Kraut, spent 14 years as a Deputy District Attorney in Los Angeles before dedicating his practice to defense. That insider experience, combined with a Harvard Law School education and a track record of trial success, creates a unique advantage.

• Former prosecutors on staff anticipate the government’s rebuttal and preempt it.
• In-house investigators conduct interviews with witnesses promptly, preserving memories while they are still fresh.
• Digital forensics experts scrub social media, phone data, and surveillance footage for exculpatory evidence.
• Collaborative strategy sessions ensure every motion undergoes peer review for legal accuracy and persuasive clarity.

Because credibility underpins EEAT principles, all content on this page is authored and reviewed by attorneys licensed in California and familiar with Los Angeles courtroom procedures.

Successful 991 motions deliver immediate freedom and peace of mind. Clients walk out of court with no bail, no ongoing case, and no future court dates.

• Immigration consequences are avoided because there is no conviction or admission of guilt.
• Employment and professional licensing agencies receive notice of dismissal rather than pending charges.
• Social media and press coverage often disappear once the case is dropped

If the motion is denied, the case proceeds to pretrial, but the defense is strategically ahead. A skilled 991 motions attorney can use evidence exposed during the hearing to support later suppression motions, negotiate for diversion, or build a foundation for outright acquittal at trial.

Selecting the right defense team can be the difference between a clean slate and a criminal record.

• Proven Results: Hundreds of misdemeanor dismissals, reductions, and diversion placements
• Reputation with Judges and Prosecutors: Our courtroom credibility encourages fair treatment for clients
• 24/7 Availability: Immediate response to arrests, jail interviews, and emergent legal crises
• Transparent Communication: Clients receive clear timelines, realistic expectations, and copies of every pleading filed on their behalf

If you or a loved one faces misdemeanor charges anywhere in Los Angeles County, move swiftly. Arraignment can occur within 48 hours of arrest, and a 991 motion must be ready that very day. Kraut Law Group Criminal & DUI Lawyers stands prepared to deploy its experience, resources, and tenacity on your behalf.

For more information about 991 motions, contact Los Angeles 991 motions attorney Michael Kraut at the Kraut Law Group Criminal & DUI Lawyers, Inc., located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at (323) 464-6453 or using our secure online contact form.