Penal Code Section 995 provides that the information must be set aside by the court if the defendant has been committed without reasonable or probable cause. Reasonable and probable cause means a state of facts that would lead an ordinarily cautious or prudent person to believe and conscientiously entertain a strong suspicion that the accused is guilty. Defense counsel may also file a motion in the trial court under section 995 to dismiss an information because of an error that occurred at the preliminary hearing. A Penal Code section 995 motion may challenge one or more counts of an information or indictment, including penalty enhancements clauses. The Penal Code section 995 motion is normally based on the court reporters transcript of the prelliminary examination or grand jury proceedings. However several decisions have referred with approval to the superior court's receiving evidence outside the record of the preliminary examination when reviewing a claim of the violation of a substantial right such as testimony of whether counsel was effective.
If you are arrested or charged with a crime in San Jose, Santa Cruz or Monterey, contact Christine McGuire.