![]() ![]() If the witness’s original identification was the main leg on which the case stood, the charges against the defendant likely should be dropped or dismissed following a PC 995 motion. The witness later testifies that he has very poor vision and is actually unsure if the defendant is the person he saw. For example, let’s say that a defendant is being charged for allegedly robbing a liquor store and there was only one eyewitness.If additional information surfaces during the preliminary hearing which proves the defendant’s likely innocence, then the charges should be dismissed.If the only evidence presented at the preliminary hearing is the defendant’s possession of heroin, there would be insufficient evidence to support the sale of drugs. The police entered the defendant’s house with a search warrant, and found heroin. For example, imagine a defendant has been charged with drug sale.If the judge at the preliminary hearing allows a case which relies only on insufficient evidence to move forward, a 995 motion can be used to dismiss the case or charges. If there is insufficient direct or circumstantial evidence of the defendant committing the crime(s) for which he is charged, then the complaint must be dismissed.These are some of the most common/likely options, followed by helpful examples. There are many different circumstances which could lead to a successful PC 995 motion. There just needs to be some basic evidence at the preliminary hearing. The facts don’t have to prove guilt beyond a reasonable doubt - that’s for a jury or trial judge to decide. 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. ![]()
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