Probable cause refers to a charge being supported by enough facts such that it is probable that the defendant committed the crime. The sufficiency of the evidence is measured by the probable cause standard.A successful PC 995 motion will result in the dismissal of all charges for which there was insufficient evidence. If the preliminary hearing judge allows a case with insufficient evidence to move forward, then there is a lack of probable cause, making a PC 995 motion appropriate.
Lack of Probable Cause / Insufficient Evidence If the defendant has been denied any of these rights it is likely that he or she was illegally committed, and deserves to have the charges wholly or partially dismissed. Thus, a PC 995 motion would be successful. The right to be mentally competent at the time of the preliminary hearing.The right to have a hearing in one session.The right to cross-examine and to offer witnesses.The right to be represented by an attorney.Illegal commitment occurs when the defendant is denied a substantial right during the preliminary hearing. They typically involve:īoth bases are described in more detail below. There are several situations where it would be appropriate to file a PC 995 motion. How A PC 995 Motion to Dismiss Can Lead to a Dismissal