Los Angeles 991 Motions Lawyer

991 MotionsA 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.

Why 991 Motions Are Crucial in Los Angeles Courts

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.

When and How a 991 Motion Is Made in Los Angeles

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.

Legal Standard the Court Must Apply

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.

Common Grounds for a 991 Dismissal

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
Strategic Advantages Beyond Dismissal

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
How Kraut Law Group Criminal & DUI Lawyers Crafts Successful 991 Motions

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.

Frequently Asked Questions About 991 Motions

Q: “Can I file a 991 motion if I bailed out before arraignment?”

Yes. While the statute mandates a hearing for in-custody defendants, judges have discretion to entertain the motion for out-of-custody clients, and most will do so if counsel is prepared.

Q: “What happens if the judge takes the motion under submission?”

The court may grant the prosecution up to three days to supply additional evidence. Kraut Law Group Criminal & DUI Lawyers uses this interval to dissect any late-breaking materials and prepare a supplemental argument.

Q: “If my case is dismissed, can it be refiled?”

The prosecutor has 15 days to refile misdemeanors dismissed under § 991. Our aggressive follow-up discourages re-filings by demonstrating that the evidentiary flaws are incurable.

Q: “Will a 991 dismissal erase the arrest from my record?”

A dismissal ends the court case, but the arrest still appears on background checks. We routinely petition for factual innocence findings and seal-and-destroy orders to completely clear our clients’ records.

Consequences of a Successful vs. Unsuccessful 991 Motion in Los Angeles

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.

Why Choose Kraut Law Group Criminal & DUI Lawyers

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
Consult with a Los Angeles 911 Motions Lawyer Today

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.

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Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
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I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
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Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
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Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
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Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.