Legal Question in Criminal Law in California

Attempted murder case

Orignal charges were reduced. the DA wants to refile attempted murder and assault charges. i signed a contract with lawyer for services until trial. He wants more money in order to file 995 motion. Why do we have to file anything new, when we didnt have to file anything with previous judge?


Asked on 2/06/09, 8:54 pm

2 Answers from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: Attempted murder case

Check your retainer agreement. Make sure you are not confusing trial with a preliminary hearing. Often times, criminal defense attorneys will represent a defendant up to and through the preliminary hearing. This is not the same as trial. In this scenario, a typical exclusion is 'pre-trial motions.'

This might be the reason he wants you to pay. A 995 motion means he thinks there is a chance one or some of the charges can be dismissed. You should strongly consider filing it.

Best of Luck!

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Answered on 2/07/09, 12:41 pm
Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: Attempted murder case

A 995 motion is a motion to dismiss based on the insufficiency of the evidence at the preliminary hearing. If your attorney thinks there is a good argument to dismiss one or more charges you would definitely want him to file one.

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Answered on 2/06/09, 9:01 pm


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