Criminal Defense Lawyers

Penal Code § 991 – Motion to Dismiss a Misdemeanor in California

Penal Code § 991 – Motion to Dismiss a Misdemeanor in California

If you’ve been charged with a misdemeanor in California, you may have options to get the charges dismissed before your case even goes to trial. One powerful tool at your disposal is a motion to dismiss under Penal Code § 991. At Spodek Law Group, we have extensive experience leveraging PC 991 motions to protect our clients’ rights and freedom. In this article, we’ll break down everything you need to know about PC 991 motions and how we can help you navigate this complex legal process.

What is a Penal Code § 991 Motion?

A PC 991 motion allows a defendant charged with a misdemeanor to challenge the sufficiency of the evidence against them at an early stage in the proceedings. Essentially, it’s a way to ask the judge to review the case and determine if there’s enough probable cause to continue with the prosecution.Here are the key things to understand about PC 991 motions:

• They can only be filed for misdemeanor charges, not felonies
• The defendant must be in custody at the time of arraignment
• The motion must be filed at or before the time of arraignment
• The judge will review the police reports and other evidence to determine if there’s probable cause
• If granted, the charges will be dismissed and the defendant released from custody

PC 991 motions serve an important role in weeding out weak cases early on. As experienced criminal defense attorneys, we’ve successfully used these motions to get charges dropped for many of our clients over the years.

When Can You File a PC 991 Motion?

The timing of a PC 991 motion is critical. Here are the key requirements:

• The defendant must be in custody at the time of arraignment
• The motion must be filed at or before arraignment
• There’s a 10-day deadline after arraignment to have the motion heard

This narrow window means it’s crucial to have an experienced attorney on your side as early as possible in your case. At Spodek Law Group, we move quickly to evaluate cases and file PC 991 motions when appropriate.

What Happens at a PC 991 Hearing?

If you file a PC 991 motion, the judge will hold a hearing to review the evidence and determine if there’s probable cause to continue the case. Here’s what you can expect:

• The hearing must be held within 10 court days of arraignment
• The judge will review police reports and other prosecution evidence
• Your attorney can argue why the evidence is insufficient
• No live witness testimony is allowed
• The judge must find “sufficient cause” to believe you’re guilty to deny the motion

It’s a relatively quick process, but the stakes are high. An experienced attorney can make compelling arguments to highlight weaknesses in the prosecution’s case.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Potential Outcomes of a PC 991 Motion

There are three possible outcomes when you file a PC 991 motion:

1. Motion granted – Charges dismissed and defendant released
2. Motion denied – Case proceeds as normal
3. Charges reduced – Judge finds probable cause for a lesser offense

Even if your motion is denied, the process can provide valuable insights into the prosecution’s case against you. At Spodek Law Group, we use PC 991 hearings strategically as part of our overall defense approach.

Benefits of Filing a PC 991 Motion

Filing a PC 991 motion can offer several important benefits for defendants:

• Potential early dismissal of charges
• Forces prosecution to show their evidence early
• May lead to reduction of charges
• Provides insights to build stronger defense
• Shows judge you’re actively fighting the charges

While there’s no guarantee a PC 991 motion will be successful, it’s often a smart strategic move. Our attorneys carefully evaluate each case to determine if a PC 991 motion is appropriate.

How We Can Help with Your PC 991 Motion

At Spodek Law Group, we have extensive experience leveraging PC 991 motions to protect our clients’ rights. Here’s how we can assist you:

• Quickly evaluate your case to determine if a PC 991 motion is appropriate
• File the motion and required paperwork before critical deadlines
• Craft compelling legal arguments highlighting weaknesses in the prosecution’s case
• Represent you at the PC 991 hearing and argue persuasively to the judge
• Develop a comprehensive defense strategy incorporating insights from the PC 991 process

We understand how stressful facing criminal charges can be. Our goal is to resolve your case as quickly and favorably as possible, using every legal tool at our disposal.

Why Choose Spodek Law Group?

When you’re facing misdemeanor charges in California, you need an experienced legal team on your side. Here’s why Spodek Law Group should be your first call:

• Decades of experience in criminal defense
• Proven track record of successful PC 991 motions
• In-depth knowledge of California criminal law and procedures
• Aggressive, strategic approach to every case
• Personal attention from senior attorneys
• 24/7 availability for urgent matters

We have the skills, experience and dedication to give you the best possible defense. Don’t leave your future to chance – contact us today for a free consultation on your case.

Frequently Asked Questions

Here are some common questions we hear about PC 991 motions:Q: Can I file a PC 991 motion if I’m out on bail?A: No, PC 991 motions are only available for defendants in custody at the time of arraignment. However, there may be other motions we can file to challenge the evidence against you.Q: What happens if my PC 991 motion is denied?A: If denied, your case will proceed as normal. However, the hearing can still provide valuable insights to build your defense. We’ll evaluate next steps based on what we learn.Q: Can the prosecution appeal if my PC 991 motion is granted?A: No, the prosecution cannot appeal a successful PC 991 motion. However, they may be able to refile charges in some cases.Q: Do I need an attorney to file a PC 991 motion?A: While not technically required, it’s highly recommended to have an experienced attorney handle your PC 991 motion. The legal arguments can be complex and the stakes are high.Have more questions? Give us a call anytime at 212-300-5196 for a free consultation. We’re here to help 24/7.

Conclusion

A PC 991 motion can be a powerful tool to get misdemeanor charges dismissed early in your case. However, the process is complex and the window to file is narrow. At Spodek Law Group, we have the experience and skill to leverage PC 991 motions effectively as part of a comprehensive defense strategy.Don’t leave your future to chance. If you’re facing misdemeanor charges in California, contact us today for a free consultation. We’ll evaluate your case and determine the best path forward, including whether a PC 991 motion makes sense for you. With our team on your side, you can feel confident you’re getting the strongest possible defense.Call us anytime at 212-300-5196 or visit our website at https://www.federallawyers.com to learn more about how we can help. Your future is too important to wait – reach out now and let us fight for you.