Legal Question in Criminal Law in California
i am looking for an attorney to litigate a 995 motion, court date is this friday is any one interested? i will contact responses. thank you Robert V.
1 Answer from Attorneys
A 995 motion isn't something an attorney can just walk into.
A good 995 motion is based on a thorough review of the preliminary hearing transcript, careful research of the relevant law, and persuasive writing. I have won many 995 motions over the years, and most were submitted on the pleadings with very little oral argument.
For those who are unfamiliar with the term, Penal Code 995 is the procedure for a defendant to move to set aside the information, which is the charging document filed in a felony case after the preliminary hearing. A 995 motion is based on legal errors at the preliminary hearing; if the errors are not apparent in the transcript, there are other ways to challenge the information, but a 995 isn't one of them.
If you are the defendant in this case, I would strongly encourage you to seek an experienced criminal defense attorney to represent you. If you're an attorney trying to hire someone to handle this complex matter in a felony case by asking strangers on the Internet just three days before the hearing, I fear for your clients.
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