A 995 hearing, more formally known as a Penal Code 995 Motion, is a critical legal proceeding in California criminal law. It serves as an opportunity for the defense to challenge the legal sufficiency of the evidence presented at a preliminary hearing and seek the dismissal of all or parts of the charges against a defendant.
Understanding the 995 Motion
At its core, a 995 motion asks a judge to review the transcript of the preliminary hearing and determine if the lower court (the judge presiding over the preliminary hearing) made an error in holding the defendant to answer for the charges. This motion is based on California Penal Code 995, which outlines the grounds for dismissing an indictment or information.
Specifically, a defense attorney will file a 995 motion when they believe that:
- The defendant was committed without reasonable or probable cause.
- The indictment or information was not found, endorsed, or presented as prescribed by law.
Essentially, it's an appeal to a higher judge within the trial court to correct what the defense perceives as an error made during the preliminary hearing regarding the sufficiency of evidence to proceed to trial.
The Purpose of a 995 Hearing
The primary purpose of a 995 hearing is to challenge the legal basis for the charges that have been filed against a defendant following a preliminary hearing. If the judge at the preliminary hearing failed to dismiss the case or specific charges, despite what the defense believes was insufficient evidence or procedural error, the 995 motion provides a mechanism to correct that.
This motion focuses on:
- Reviewing the Preliminary Hearing Transcript: The judge does not hear new evidence but reviews the transcript from the preliminary hearing.
- Legal Sufficiency: The court assesses whether there was enough evidence presented at the preliminary hearing to establish probable cause for each charge. Probable cause means there is a strong suspicion that a crime has been committed and that the defendant committed it.
- Procedural Errors: The motion can also address significant procedural errors that occurred during the preliminary hearing that prejudiced the defendant's rights.
When Does a 995 Hearing Occur?
A 995 hearing typically takes place after the preliminary hearing but before the trial begins. It's a pretrial motion aimed at preventing a trial on charges that may lack adequate legal foundation.
The process generally follows these steps:
- Preliminary Hearing: A judge determines if there is probable cause to believe a felony was committed and the defendant committed it. If probable cause is found, the defendant is "held to answer," and an "information" (the formal criminal complaint) is filed.
- Filing the 995 Motion: If the defense believes the preliminary hearing judge erred in holding the defendant to answer, they file a motion under Penal Code 995.
- Hearing and Ruling: A different judge (or sometimes the same judge, but acting in a review capacity) reviews the preliminary hearing transcript and hears arguments from both the prosecution and defense. The judge then rules on whether to grant or deny the motion.
Potential Outcomes
The outcome of a 995 hearing can significantly impact a criminal case:
- Motion Granted (in whole or in part): If the judge grants the motion, the charges (or specific counts) that were found to lack probable cause or were improperly brought will be dismissed. This can lead to the dismissal of the entire case or a reduction in the number or severity of charges.
- Motion Denied: If the judge denies the motion, the case proceeds with all charges as previously filed, and the defense must then prepare for trial or negotiate a plea.
Distinguishing a 995 Motion from a Preliminary Hearing
While both involve a judge assessing evidence, their roles and timing differ:
| Aspect | Preliminary Hearing | 995 Motion/Hearing |
|---|---|---|
| Purpose | To determine if probable cause exists to hold the defendant for trial. | To challenge the validity of the probable cause finding made at the preliminary hearing. |
| Timing | Before the formal "information" (charges) are filed. | After the preliminary hearing, once the "information" has been filed. |
| New Evidence | Prosecution presents live testimony and physical evidence. | No new evidence is presented; the judge reviews the transcript of the preliminary hearing. |
| Decision Basis | Based on evidence presented in court at that time. | Based on whether the preliminary hearing judge correctly applied the law to the evidence presented at that hearing. |
| Possible Outcome | Defendant held to answer for charges, or charges are dismissed. | Charges dismissed (in whole or part), or motion is denied and charges proceed. |
Why is it Important?
The 995 motion provides a crucial safeguard against arbitrary prosecution. It ensures that defendants are not forced to stand trial on charges for which there is insufficient evidence to establish probable cause, or where significant procedural errors occurred during the preliminary examination. Successfully arguing a 995 motion can save a defendant from the stress, expense, and potential conviction associated with a full trial.
For more information on the California Penal Code, you can refer to the official California Legislative Information website: California Legislative Information
