What is a nonstatutory motion to dismiss?

Highlight Text. CaliforniaArticle. Denial of a substantial right at the preliminary hearing renders a defendant's commitment illegal and entitles him to a dismissal of the information on timely motion.

US Legal Forms
Localized Forms
California
Sacramento
Motion to Dismiss Counts of Indictment

Sacramento California Motion to Dismiss Counts of Indictment

Name: Sacramento California Motion to Dismiss Counts of Indictment
Brand: US Legal Forms
Rating: 4.69 (243 reviews)

Category:

Criminal - Dismissals

State:

Multi-State

County:

Sacramento

Control #:

US-02616BG

Format:

Instant download

Description

Upon motion of a defendant the court may dismiss an indictment in any of the following circumstances:

" When the names of the witnesses are not inserted at the foot of the indictment or information or endorsed thereon;
" When more than one offense is charged in a single count;
" When it does not describe a public offense;
" When it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other bar to the prosecution;
" When the grand jury which filed the indictment had no legal authority to inquire into the offense charged because it was not within the jurisdiction of the grand jury or because the court was without jurisdiction of the offense charged; and
" When an improper person was permitted to be present during the session of the grand jury while the charge embraced in the indictment was under consideration.

The above is not an exhaustive list.

How to fill out Sacramento California Motion To Dismiss Counts Of Indictment?

How much time does it usually take you to draft a legal document? Considering that every state has its laws and regulations for every life situation, locating a Sacramento Motion to Dismiss Counts of Indictment meeting all local requirements can be tiring, and ordering it from a professional lawyer is often costly. Many online services offer the most common state-specific templates for download, but using the US Legal Forms library is most beneficial.

US Legal Forms is the most comprehensive online collection of templates, collected by states and areas of use. Apart from the Sacramento Motion to Dismiss Counts of Indictment, here you can find any specific document to run your business or personal affairs, complying with your regional requirements. Professionals check all samples for their validity, so you can be certain to prepare your paperwork correctly.

Using the service is fairly simple. If you already have an account on the platform and your subscription is valid, you only need to log in, opt for the needed form, and download it. You can pick the document in your profile at any time in the future. Otherwise, if you are new to the website, there will be a few more steps to complete before you get your Sacramento Motion to Dismiss Counts of Indictment:

Examine the content of the page you’re on.
Read the description of the sample or Preview it (if available).
Search for another document using the corresponding option in the header.
Click Buy Now once you’re certain in the selected document.
Select the subscription plan that suits you most.
Register for an account on the platform or log in to proceed to payment options.
Make a payment via PalPal or with your credit card.
Switch the file format if needed.
Click Download to save the Sacramento Motion to Dismiss Counts of Indictment.
Print the doc or use any preferred online editor to fill it out electronically.

No matter how many times you need to use the acquired template, you can locate all the samples you’ve ever saved in your profile by opening the My Forms tab. Give it a try!

Form Rating

4.69

Satisfied(243)

Form popularity

FAQ

Highlight Text. CaliforniaArticle. Denial of a substantial right at the preliminary hearing renders a defendant's commitment illegal and entitles him to a dismissal of the information on timely motion.

In California state criminal procedure, a motion to dismiss pursuant to Penal Code Section 995 gives the defendant the option of moving a trial court to dismiss their criminal case following a preliminary hearing at which the defendant was held to answer on one or more criminal charges.

(b) Dismissal of case If the plaintiff or other party required to serve and file the request for dismissal does not do so, the court must dismiss the entire case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed.

It is filed after a preliminary hearing in a felony case. Under section 995 of the Penal Code, if the judge at the preliminary hearing incorrectly allowed the case to move forward, the defendant's attorney can file a PC 995 motion, which asks the trial judge to entirely or partially dismiss the criminal complaint.

A PC 995 motion to dismiss is a legal motion seeking the dismissal of a criminal case based on section 995 of the Penal Code. It is filed after a preliminary hearing in a felony case.

What is a motion to continue? Penal Code 1050 PC. Penal Code 1050 PC is the California statute that sets forth the procedures for filing a continuance. A 1050 motion to continue is a request by a party in a criminal case to postpone a court date. The date can be for a pretrial matter or a trial.

Motions to dismiss ask the court to throw out a case in Los Angeles, California. Motions to dismiss can be used in either civil or criminal cases. Defendants can file a motion to dismiss in many situations.

Penal Code 995 Motions in California. In California criminal cases, a Penal Code 995 Motion is a defense motion asking the court to dismiss one or more felony counts on the grounds that they were improperly sustained at the preliminary hearing. The motion can be brought after the preliminary hearing but before trial.

A party seeking dismissal of a case under Code of Civil Procedure sections 583.410-583.430 must serve and file a notice of motion at least 45 days before the date set for hearing of the motion. The party may, with the memorandum, serve and file a declaration stating facts in support of the motion.

California Grand Jury Proceedings If they feel that the individual or corporation has committed a Felony Offense (or multiple felonies) they will reduce those charges down to writing in the indictment. An Arrest Warrant will issue by a magistrate and the defendant(s) will be arrested and held to answer.

Interesting Questions

More info

That motion was denied. A jury found all defendants, except Manuel Strite, guilty of both counts of the indictment.

Sacramento California Motion to Dismiss Counts of Indictment

Description

Related forms

How to fill out Sacramento California Motion To Dismiss Counts Of Indictment?

Show more info

Form Rating

Form popularity

FAQ

What is a nonstatutory motion to dismiss?

What is a motion to dismiss in California?

How many days is a case dismissed in California?

How do I file a 995 motion?

What is a PC 995 motion?

What is a PC motion?

Can a defendant file a motion to dismiss California?

What is a 995 in court?

How do I file a motion to dismiss in California?

What happens after indictment in California?

Interesting Questions

What does it mean to 'dismiss counts of indictment' in Sacramento?

Why would a motion to dismiss counts of indictment be filed in Sacramento?

Who can file a motion to dismiss counts of indictment in Sacramento?

What happens if counts of indictment are dismissed in Sacramento?

Can all counts of indictment be dismissed in Sacramento with a single motion?

Is a motion to dismiss counts of indictment the same as being acquitted?

More info

Trusted and secure by over 3 million people of the world’s leading companies