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Criminal Law

: California Criminal Defense Blog

When the Judge Gets it Wrong

By Neil Shous, Esq.

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There are a number of precautionary steps within California?s criminal justice system to try to prevent innocent people from being wrongly prosecuted and convicted. One of these steps is a preliminary hearing. A preliminary hearing is held at the beginning of a felony case. Its purpose is to make sure that the prosecution has ?probable cause? (that is, sufficient evidence) to ?hold you to answer? for your charge(s). But fortunately, even this type of proceeding is subject to additional ?checks and balances?. This is because sometimes the judge simply gets it wrong. When this is the case, California criminal defense attorneys file what is known as a California Penal Code 995 motion to set aside the information. A California Penal Code 995 motion to set aside the information is a request for a judge to dismiss one or more of the charges against the defendant...continue to full post

Full post as published by California Criminal Defense Blog on August 19, 2010 (boomark / email).

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