Los Angeles 995 Motions Lawyer

A Penal Code § 995 motion, often called a “995 motion” or “motion to set aside the information,” is one of the most powerful (and frequently misunderstood) pre-trial tools available to the defense in California felony cases. After the prosecution files an “information” following the preliminary hearing, the defense may ask the trial judge to dismiss some or all counts on the ground that the magistrate illegally committed the defendant to stand trial or lacked probable cause to do so. A skilled Los Angeles 995 motions lawyer can evaluate your case and file this motion strategically to challenge weak or unsupported charges before trial.

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.

When and Why to File a Penal Code 995 Motion in California Felony Cases

A 995 motion serves two core functions:

• Judicial error correction. It gives the trial court a second look at the preliminary-hearing record to ensure the magistrate respected the defendant’s constitutional and statutory rights.
• Case-screening efficiency. By requiring that each felony count rest on at least a rational inference of guilt, the statute helps keep weak or unsupported prosecutions from reaching a jury, saving courts and taxpayers time and money.

Because the motion tests the sufficiency of the preliminary-hearing evidence, it must be filed after re-arraignment on the information but before trial is set to begin. Early filing also leaves room to bring a renewed 995 if the prosecution later amends the information. A knowledgeable 995 motions lawyer can ensure the motion is filed strategically and at the most effective stage of the case.

What Legal Standard Applies to a 995 Motion? Probable Cause Explained

Section 995 directs the trial judge to set aside all or part of the information if:

• The defendant was “ committed without reasonable or probable cause,” or
• The committing magistrate “exceeded his or her jurisdiction.”

“Probable cause” at this stage is a low bar, substantially lower than proof beyond a reasonable doubt. However, it still requires a legitimate factual connection between the accused and the charged offense. When gauging probable cause, courts disregard evidence that was admitted over a timely objection and later deemed inadmissible.

Legal Grounds for Filing a Successful 995 Motion in California

Although every case is fact-specific, successful 995 motions often rely on one or more of these arguments:

• Insufficient evidence. Even viewed in the light most favorable to the prosecution, the transcript fails to show a rational inference that the defendant committed the crime.
• Fourth-Amendment violations. The information relies on evidence seized in violation of the U.S. or California Constitution after a magistrate erroneously denied a suppression motion at the preliminary.
• Hearsay-only holdings. After People v. Aranda/Green reforms, limited hearsay may establish probable cause at a preliminary, but total reliance on multiple hearsay layers can cross the line.
• Charging enhancements or exceptional circumstances unsupported by facts. For example, gang or firearm penalties often fall if detectives supply only conclusory testimony.

How a 995 Motion Differs from Other Pretrial Motions in Criminal Defense

• Penal Code § 1538.5 directly addresses illegal searches and seizures; § 995 focuses on whether the magistrate acted lawfully and whether the evidence, whether admissible or not, established probable cause.
• Demurrers (PC § 1004). A demurrer claims the charging document is facially defective; a 995 claims the evidence at the preliminary is inadequate.
• Pitchess/Discovery motions. Those seek additional evidence; a 995 test of the sufficiency of evidence already presented.

Understanding these distinctions helps preserve multiple lines of attack without waiving any of them. A skilled Los Angeles 995 motions lawyer can help you navigate these options and ensure your defense strategy remains both practical and comprehensive.

What Are the Advantages and Risks of Filing a 995 Motion?

• Leverage for negotiation. Showing the D.A. that key counts are vulnerable can prompt a favorable plea or even dismissal without argument.
• Appellate preservation. A denial of 995 sets the stage for interlocutory writ relief (PC § 999a) or an appeal after conviction.
• Refiling risk. If the court dismisses all counts, the prosecutor can file a new felony complaint once. California’s “two-dismissal” rule bars a third attempt.
• Bail refund. Complete dismissal triggers immediate exoneration of bail and return of posted funds.

How the 995 Motion Process Works in Los Angeles Criminal Courts

• Obtain the certified preliminary transcript. The court reporter typically delivers it within 10 to 15 days of the hearing.
• File and serve the motion. Local rules require written points and authorities, a transcript copy, and any exhibits.
• Prosecutor’s opposition. The People respond, often arguing that all reasonable inferences favor the commitment.
• Oral argument. Unlike the preliminary hearing, no witnesses testify; the judge rules on the papers and legal arguments alone.
• Ruling and next steps. A partial grant may narrow the case; a full grant ends it unless the D.A. refiles.

Los Angeles judges rotate through the Felony Master Calendar and Trial courts, so knowing each judge’s tendencies is critical knowledge we’ve earned through decades of daily practice.

What to Expect If Your 995 Motion Is Granted in a Felony Case

• Immediate relief. The affected counts or enhancements are struck; the defendant is no longer “held to answer” on them.
• Possible re-arrest. The prosecution can refile once within the statute of limitations, but must start anew with a fresh preliminary.
• Collateral consequences. A complete dismissal clears the bail, reduces public record exposure, and may mitigate immigration consequences associated with pending felonies.

An experienced 995 motions lawyer can help you understand these outcomes and position your case for the best possible result following a successful motion.

Our Proven Strategy for Winning Penal Code 995 Motions in Los Angeles

Our approach rests on three pillars:

• Meticulous Transcript Analysis. We dissect every line of testimony, identifying gaps that overworked prosecutors and busy magistrates often overlook.
• Evidentiary Science. With former prosecutors and in-house investigators, we challenge lab conclusions, shortcuts in the chain of custody, and expert overreach.
• Persuasive Storytelling. Decades of trial wins have taught us to translate complex law into narratives that judges can trust.

Why Choose Kraut Law Group Criminal & DUI Lawyers

Managing Attorney Michael Kraut is a former Los Angeles Deputy District Attorney who spent 14 years in the Hardcore Gang Homicide and Major Frauds units. He has tried more than 86 felony jury trials to verdict, achieving an unparalleled 99% success rate. Kraut Law Group Criminal & DUI Lawyers, Inc. combines insider prosecutorial insight with relentless defense advocacy across our Los Angeles, Glendale, Burbank, Long Beach, Pasadena, and Beverly Hills offices.

Contact a Los Angeles Defense Attorney To File a 995 Motion

If you or a loved one faces felony charges and wants to explore a 995 motion or any other strategy to end the case before trial, reach out today for a confidential consultation. We answer calls 24 hours a day and will meet you at our offices or the custody location. Your defense deserves the experience, tenacity, and courtroom credibility that only Kraut Law Group Criminal & DUI Lawyers can deliver. Contact us through our secure online form to schedule a complimentary initial consultation today.

---