Contact Us Today (424) 372-3112

Blog

Motion to Dismiss Misdemeanor Charges at Arraignment – Penal Code 991 PC

Posted by Sam Israels | Dec 11, 2019

Upon being charged with a crime, you are endowed with certain legal rights. These rights are not just a formality but a powerful tool to ensure fair criminal proceedings and provide you with the opportunity to defend yourself against the charges.

Part of the fair proceedings is the right to a court arraignment within a reasonable amount of time – usually 48 hours. At the arraignment hearing, the charges that were filed against you will be explained by the judge, who will also read your rights, set bail, take your plea, and accept preliminary hearing motions.

If charged with a misdemeanor crime and have reason to believe there is insufficient evidence to support the case, a Penal Code 991 motion can be filed. This is normally a probable cause challenge, requesting the court dismiss the case due to insufficient evidence.

A Penal Code 911 motion is a motion by an in-custody defendant at a misdemeanor arraignment. It asks the judge to find insufficient probable cause to support the charge. If the motion is granted, the charge is dismissed, and the defendant is released from custody.

Obviously, a prosecutor needs probable cause to establish the burden of proof to secure a conviction. A misdemeanor crime is the least serious type of criminal offense, typically punishable by a fine or a short jail sentence. Many differences are prosecuting a misdemeanor or felony case, but one primary distinction is the procedure by which probable cause is determined. A felony, on the other hand, is a more serious crime that can result in a longer prison sentence.

In most felony prosecutions, a preliminary hearing is scheduled where a judge will determine if probable cause exists. These hearings have similar features of a jury trial, including testimony from witnesses, arguments from your criminal defense lawyer and prosecutor, and where there are decisions made on any contested issues in the case.

In California misdemeanor cases, you will not normally be entitled to a preliminary hearing. However, suppose you are a defendant in a misdemeanor case and remain in custody before you are taken to court arraignment. In that case, your criminal lawyer can ask the judge for a probable cause determination similar to a felony case preliminary hearing.

It should be noted that a Penal Code 991 motion is only available if you remain in custody. If you bail out prior to your first court date in a misdemeanor case, you can't make this type of motion. If you are facing a felony offense, there is a similar action known as a Penal Code 995 motion.

Our Los Angeles criminal defense lawyers have provided an overview below to help readers better understand a PC 991 motion.

Definition of California Penal Code 991

California Penal Code 991 defines a motion to dismiss a misdemeanor case at arraignment:

If a defendant is in custody when they appear for misdemeanor arraignment and plead not guilty, the judge, on a motion from the defendant's attorney, will determine whether probable cause exists to believe a crime was committed and the defendant is guilty.

The court will normally make the probable cause determination immediately, but if there is good cause, they can continue the probable cause hearing for a maximum of three days.

A continuance might be necessary to give the prosecutor time to put together evidence and prepare for the court hearing.

Probable Cause Determination

To make a probable cause determination, the judge will review documentation, such as a warrant affidavit from law enforcement, a police report of the alleged crime, and other relevant documents.

In a normal misdemeanor arrest, which doesn't usually have a sworn warrant affidavit, the judge will review the police report as the evidence.

Penal Code 991(d) instructs the court to set the case for trial if they determine there is probable cause to believe you committed the crime alleged in the complaint.

Probable cause is described in different ways under the law. Still, it typically relies on a common-sense approach: there is reasonable suspicion to believe an actual crime was committed and that the person charged is the same person who committed the crime.

It should be noted this standard is much easier for a prosecutor than the infamous “proof beyond a reasonable doubt” standard that will apply in a jury trial.

Potential Results of a PC 991 Motion

The judge will grant or deny your PC 991 motion. If it was denied, then your criminal case will proceed normally through the court process, but you can still challenge the evidence later through other legal motions.

If the judge decides there is insufficient evidence to support probable cause, they will immediately dismiss the complaint and release you from custody.

It should be noted this only sometimes means an end to the case. If your misdemeanor complaint was dropped after a probable cause hearing under  Penal Code 991, the prosecution will have 15 days to refile the complaint for the same criminal conduct.

If the second filing ends in a dismissal of the complaint, it's a permanent bar to future prosecution on the same conduct.  This means Los Angeles County prosecutors get two chances to allege misdemeanor conduct against you.

Consult with Cron, Israels & Stark for Help

If you or a family member has been charged with a misdemeanor and remains in custody in Los Angeles County, consider the potential of a PC 991 motion. This legal action is an early challenge to the charges and could lead to a swift resolution if successful.

If you are charged with a misdemeanor crime and need information on the options for filing a PC 991 motion for a probable cause hearing, we can help you.

Even misdemeanor charges can result in life-altering consequences. To have the best chance at success, you will need experienced legal representation. We will first review all the details of your case to determine an appropriate strategy.

Cron, Israels & Stark is a highly experienced team of criminal defense lawyers with a proven track record of success. We serve clients throughout the greater Los Angeles area and are committed to providing you with the best legal representation. Our office is located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. For a free case consultation, call us at (424) 372-3112.

Related Content:

About the Author

Sam Israels

Sam J. Israels is a Law Firm partner with the Law Offices of Cron, Israels, & Stark. Mr. Israels received his J.D. degree from the Santa Clara University School of Law. Mr. Israels also previously worked at the Los Angeles Office of the City Attorney. He is admitted to practice law in the State o...

Contact Us Today

Cron, Israels & Stark is committed to answering your questions about All Misdemeanor and Felony Crime law issues in Santa Monica and Los Angeles, California.

We offer a free consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu