A defense attorney may file a motion in court pursuant to Penal Code Section 995 to dismiss an information because of an error that occurred at the preliiminary hearing. Grounds for the motion are that the defendant was not legally committed, that he or she was committed without reasonable or probable cause. A motion may be brought to attack an Indictment where a defendant was indicted without reasonable or probable cause. Failure to challenge an error that occurred at the preliminary hearing by a Penal Code Section 995 motion waives the issue on appeal. A Penal Code Section 995 motion may challenge a count, a penalty enhancement and/or a special circumstance. If a misdemeanor has been charged in the information or in the indictment, the misdemeanor may be challenged as well. The defense attorney will generally base the motion on the transcript of the grand jury proceeding or the preliminary hearing. If the defense counsel's motion is denied, he or she may seek a writ. If the motion is granted, the prosecution may seek pretrial review of the decision. Should there be what is referred to as a minor error in the information, the Government may ask the judge to remand the case to the trial judge in order that the Government correct the errors.