What is a Penal Code Section 995 motion

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 penal code section 995 to dismiss an information because of an error that occurred at the preliminary hearing. There must be proof of each element of each offense and all inferences must be reasonable. Inferences which derive their substance from guesswork and/or speculation must be discarded. A penal code section 995 motion may challenge one or more counts of an information or indictment including a penalty enhancement clause. The penal code section 995 motion is generally based on the court reporter's trancript of the preliminary examination or grand jury proceedings. If you are arrested or charged with a crime contact Christine McGuire, criminal defense attorney for San Jose, Santa Cruz and Monterey.