Can a defendant make a motion to set aside an information on the grounds that he was committed without reasonable or probable cause?
California, United States of America
The following excerpt is from People v. Hwang, 25 Cal.App.4th 1168, 31 Cal.Rptr.2d 61 (Cal. App. 1994):
Penal Code section 995 allows a defendant to make a motion to set aside an information on the grounds that he was committed without reasonable or probable cause. In appeals from proceedings under Penal Code section 995, the magistrate's determination in holding the defendant to answer is reviewed; the superior court's ruling is effectively disregarded. (People v. Laiwa (1983) 34 Cal.3d 711, 718, 195 Cal.Rptr. 503, 669 P.2d 1278.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a defendant's motion for relief from default and for leave to appeal that includes a statement of reasonable grounds and a certificate of probable cause denied? (California, United States of America)
When a defendant is committed to a state hospital by reason of reason of insanity after having been found not guilty of a crime, what is the current commitment period? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
What is the test for making a reasonable grounds for arrest within a police department by one officer transmitting information purportedly received from an informer to another officer who had not received such information? (California, United States of America)
Does a defendant have a claim that he was arrested without charge and released without a probable cause determination? (California, United States of America)
Does a certificate of probable cause apply to a motion to set aside an order denying the motion? (California, United States of America)
If an informant's information is sufficient to establish probable cause for arrest, is that information sufficient to warrant arrest? (California, United States of America)
Can a defendant be denied relief under the federal reasonably probable standard or state reasonably probable? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
What is the test for establishing probable cause for an action without probable cause? (California, United States of America)
