Criminal Defense Lawyers

Penal Code “995 Motions” in California

Penal Code “995 Motions” in California: Your Path to Dismissal

At Spodek Law Group, we understand the stress and uncertainty that comes with facing criminal charges. If you’re dealing with felony charges in California, a Penal Code 995 motion could be your ticket to freedom. Our experienced attorneys are here to guide you through this complex legal process and fight for your rights.

What is a Penal Code 995 Motion?

A Penal Code 995 motion, often called a “995 motion” for short, is a powerful legal tool in California criminal defense. It’s basically a request to the trial judge to dismiss all or part of the criminal charges against you after a preliminary hearing.Think of it like a second chance – if the judge at your preliminary hearing made a mistake in letting your case move forward, we can use a 995 motion to ask another judge to fix that error and potentially dismiss your case.Here’s the kicker: 995 motions are only available for felony charges or cases with both felony and misdemeanor charges. Why? Because misdemeanor-only cases don’t have preliminary hearings, which is what we’re challenging with this motion.

When Can We Use a 995 Motion?

There are two main situations where a 995 motion comes into play:

1. Illegal Commitment: This is when you were denied a fundamental right during your preliminary hearing. It’s like playing a game where the rules weren’t fair from the start.
2. Lack of Probable Cause: This means there wasn’t enough evidence presented at the preliminary hearing to justify moving forward with the charges. It’s like being accused of stealing a cookie when there’s no proof the cookie even existed.

Let’s break these down further:

Illegal Commitment

An illegal commitment occurs when you’re denied a substantial right during your preliminary hearing. These rights include:

• The right to have an attorney represent you
• The right to cross-examine witnesses and present your own
• The right to have the hearing completed in one session (with some exceptions)
• The right to be mentally competent during the hearing

If any of these rights were violated, we’ve got solid grounds for a 995 motion. It’s like catching the referee making an illegal call – we can challenge it and potentially get the whole game thrown out.

Lack of Probable Cause

This is all about the evidence – or lack thereof. If the judge at your preliminary hearing let the case move forward without enough evidence, that’s a lack of probable cause.Remember, at this stage, the prosecution doesn’t need to prove guilt beyond a reasonable doubt. They just need to show it’s probable you committed the crime. But if they can’t even meet that lower standard? That’s where we come in with our 995 motion.

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.

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

How We Win a 995 Motion

Winning a 995 motion isn’t easy, but at Spodek Law Group, we’ve got the experience and know-how to give you the best shot. Here’s how we approach it:

1. Thorough Review: We’ll comb through every detail of your preliminary hearing transcript. We’re looking for any procedural errors, violations of your rights, or gaps in the evidence.
2. Strong Legal Arguments: Based on what we find, we’ll craft compelling legal arguments. Maybe the judge made an error in admitting certain evidence, or perhaps a key witness’s testimony was improperly allowed.
3. Highlighting Insufficient Evidence: If the prosecution’s case is weak, we’ll shine a spotlight on that. We’ll show how the evidence presented falls short of establishing probable cause.
4. Emphasizing Legal Standards: We’ll remind the court of the legal standards that should have been applied at the preliminary hearing. If those standards weren’t met, that’s grounds for dismissal.
5. Presenting New Information: Sometimes, we might have new information that wasn’t available at the preliminary hearing. If it’s relevant to showing a lack of probable cause, we’ll bring it to the court’s attention.

Remember, winning a 995 motion is about more than just legal arguments. It’s about telling your story in a way that resonates with the judge. That’s where our years of experience come into play.

The Potential Outcomes of a 995 Motion

When we file a 995 motion on your behalf, there are several possible outcomes:

1. Full Dismissal: In the best-case scenario, the judge agrees with our arguments and dismisses all charges against you. It’s like hitting the reset button on your case.
2. Partial Dismissal: Sometimes, the judge might dismiss some charges but not others. While not a complete victory, it can significantly weaken the prosecution’s case.
3. Reduction of Charges: In some cases, the judge might reduce felony charges to misdemeanors based on the evidence presented.
4. Denial of Motion: If the judge disagrees with our arguments, the motion could be denied. But don’t worry – even if this happens, we’ve still laid important groundwork for your defense.
5. New Preliminary Hearing: In rare cases, the judge might order a new preliminary hearing to address the issues we’ve raised.

Here’s a breakdown of potential outcomes:

Why Choose Spodek Law Group for Your 995 Motion

When you’re facing felony charges, you need a team that knows the ins and outs of California criminal law. That’s us. Here’s why we’re your best choice:

1. Experience: We’ve handled countless 995 motions. We know what works and what doesn’t.
2. Attention to Detail: We leave no stone unturned in reviewing your case. Every detail matters.
3. Aggressive Advocacy: We fight hard for our clients. Your freedom is our top priority.
4. Strategic Thinking: We don’t just file motions – we consider how each move affects your overall case strategy.
5. Clear Communication: We’ll keep you informed every step of the way, explaining complex legal concepts in terms you can understand.

Remember, a 995 motion isn’t just about potentially dismissing your case. It’s also a valuable tool for gathering information about the prosecution’s case and setting the stage for further negotiations or trial strategy.Don’t wait to get the legal help you need. If you’re facing felony charges in California, contact Spodek Law Group today at 212-300-5196. Let’s discuss your case and see if a 995 motion could be your path to freedom.

Frequently Asked Questions About 995 Motions

We know you probably have a lot of questions about 995 motions. Here are some of the most common ones we hear:

Q: How long do I have to file a 995 motion?

A: You’ve got 60 days from your arraignment in superior court to file a 995 motion. But don’t wait – the sooner we file, the better.

Q: Can I file a 995 motion myself?

A: Technically, yes. But we strongly advise against it. These motions are complex and require a deep understanding of criminal law. Let us handle it for you.

Q: What happens if my 995 motion is denied?

A: If denied, your case will proceed. But don’t lose hope – we can use what we’ve learned to strengthen your overall defense strategy.

Q: Can the prosecution appeal if my 995 motion is granted?

A: Yes, they can. But if we’ve done our job right, their appeal is unlikely to succeed.

Q: How long does it take for a judge to rule on a 995 motion?

A: It varies, but typically within a few weeks. We’ll keep you updated throughout the process.Remember, every case is unique. These are general answers, but your specific situation might be different. That’s why it’s crucial to have experienced attorneys like us on your side.

Conclusion: Your Next Steps

If you’re facing felony charges in California, a 995 motion could be a game-changer for your case. But it’s not something to tackle on your own. You need experienced, skilled attorneys who know how to navigate the complexities of California criminal law.That’s where Spodek Law Group comes in. We’re not just lawyers – we’re your advocates, your strategists, and your support system through this challenging time. We’ll fight tirelessly to protect your rights and secure the best possible outcome for your case.Don’t let felony charges derail your life. Contact Spodek Law Group today at 212-300-5196. Let’s discuss your case and explore whether a 995 motion could be your path to freedom. Remember, the sooner we start working on your defense, the better your chances of a positive outcome. Don’t wait – call us now and take the first step towards reclaiming your future.