How to Defend a Felony Case, Part 9: Motion to Dismiss the Information or Indictment, California Penal Code Section 995

At Wallin & Klarich, we have defended thousands of people in southern California against felony charges. Many of our clients find us through our website. One of the questions we are frequently asked is what an attorney can do to defend them against felony charges. We have already discussed the first, second, third, fourth, fifth, sixth, seventh, and eighth steps in defending a California criminal felony charge.

The ninth step involves a motion called a 995 and trial preparation. Your lawyer need not bring a 995 motion. Your lawyer will file a 955 motion when he wants to ask the judge to dismiss the case against you. This will only happen if the lawyer thinks that one or more of your constitutional rights were violated at the preliminary hearing or if the lawyer thinks that there was not sufficient evidence to hold you to answer to the charges the prosecution alleges. If the judge agrees with your lawyer, the judge will dismiss the felony case against you. If not, the case will proceed to the next step in the process, which is trial preparation.

In the trial preparation, your lawyer will continue with the fact-finding and character-building efforts, and there will be more readiness conferences, but there may also be more motions that your lawyer wants to file in anticipation of trial. The idea here is to prepare to present the evidence to a jury.

The attorneys at Wallin & Klarich have the skills and expertise to provide you with the best possible defense to your felony case. Our experienced defense attorneys can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com. We will be there when you call.

Keep reading to learn the next step in defending a felony case.