Legal Question in Criminal Law in California
Good Evening,
Presently, there is a case regarding robbery and the victim conducted a field and picture line up and identified three suspects as the robbers. The three suspects were charged and are held in jail pending trial. The alleged robbery was stated to have occurred outside an ATM machine. The defense attorney retrieved the ATM videos and determined neither the victim, suspects, or robbery took place on the day of the alleged robbery?
Is the video enough to file a 995 motion or enough to impeach the victims statement?
Please Advise
2 Answers from Attorneys
A motion to set aside an indictment under Penal Code section 995 is for a lack of probable cause. The fact that you robbed an ATM on a different day than misstated in the indictment does not mean it lacks probable cause.
If it wasn't introduced at the preliminary hearing, the new evidence won't matter a bit on a 995. It's now for use to impeach and/or poke holes in the prosecution's case.
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