Posted on March 11, 2017

Motion to Set Aside the Information | PC 995

A motion to set aside the information, also known as a “995 Motion”, aims to dismiss the information when the evidence was insufficient to meet the evidentiary showing at preliminary hearing.  Moreover, if the District Attorney fails to produce sufficient evidence to satisfy an element of a crime, then a defendant may move to set aside the information arguing they have been illegally held to answer for the charges or specific charge against them.

In some cases, the attorney at preliminary hearing will run a motion to suppress to be heard concurrently with preliminary hearing.  If the court denies the suppression motion and holds the defendant to answer, the defendant may seek further review on the suppression merits in a 995 motion.

A 995 motion must be filed and served on the prosecuting agency 10 court days in advance.  To seek appellate review on the denial of a 995 motion via writ, the motion must be filed within 60 calendar days after the arraignment on the information.

For more information or to schedule a free confidential consultation, contact an Orange County Criminal Defense Attorney at the Law Offices of John D. Rogers.

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