After you have been charged with a crime in any Los Angeles County Criminal Court, you are entitled to certain legal rights to ensure fair criminal proceedings and to give you an opportunity to defend yourself. This includes the right to an arraignment in court within a reasonable period after your initial arrest, which is typically 48 hours.
At your arraignment hearing, the judge will explain the criminal charges, read your legal rights, set a bail amount, accept your plea, and take any preliminary motions. Having a skilled attorney by your side during this process is not just important, it's crucial.
They ensure that your rights are protected and help you navigate the legal proceedings effectively, providing you with the reassurance and support you need during this challenging time.
If you are facing a misdemeanor case and believe the prosecutor lacks sufficient evidence to support the charges, a Section 991 motion can be filed.
This motion is essentially an early probable cause challenge by asking the court to dismiss the criminal case due to insufficient evidence. Clearly, if the Los Angeles County prosecutor lacks probable cause, they won't be able to establish the burden of proof or obtain a conviction.
What are Misdemeanors?
Under California law, “misdemeanors” are considered the less serious category of criminal offenses. These can include minor theft, simple assault, or public intoxication. While there are many differences between misdemeanor and felony prosecutions in Los Angeles County, one of the most important is the procedure by which probable cause is determined.
In almost all felony prosecutions, a preliminary hearing will be held, during which a judge determines whether there is probable cause.
These preliminary hearings have many of the same features as a jury trial, including witness testimony, legal arguments by counsel for the defendant and the government, and a determination of contested issues in the case. In misdemeanor prosecutions, however, the defendant is not typically entitled to a preliminary hearing.
However, in the case of a misdemeanor defendant who remains in custody before being brought to court for arraignment, the defendant, or their attorney, can request that the judge make a probable cause determination similar to that which would be made in a felony case at a preliminary hearing.
Keep in mind that this motion, which is brought pursuant to California Penal Code § 991, is only available where the defendant remains in custody. Therefore, if you or your loved one bails out prior to the first court date in a misdemeanor case, they may not make a Section 991 motion.
As stated, it's important to note again that a PC 991 motion is only used if you have been charged with a misdemeanor crime. If you are facing a felony crime, a similar legal action is a Penal Code 995 motion. The consequences of a felony charge are significantly more severe, often resulting in longer prison sentences and more serious legal implications.
What is the Legal Definition?
California Penal Code § 991, subdivision (a), provides, in relevant part, that “If the defendant is in custody when they appear before a magistrate for arraignment and, if the offense is a misdemeanor where the defendant pleads not guilty, the magistrate, on a motion from the defendant's attorney, shall determine whether probable cause exists to believe an offense was committed and the defendant is guilty.”
Under Subdivision (b), it goes on to provide that the Court shall make the probable cause determination “immediately,” but if the Court finds good cause, it may continue the probable cause hearing for a maximum of three days.
Such a continuance may be necessary to give the prosecution time to assemble their evidence, speak with the arresting officers, and prepare for the litigated hearing before the Court.
Setting the Case for Trial
In making the probable cause determination, the Court will rely on documentation such as a warrant affidavit from an investigating police officer, if any, police reports related to the alleged crime, and any other documents “of similar reliability.” (Penal Code § 991(c)).
In a typical misdemeanor arrest, which is often not supported by a sworn warrant affidavit, the evidence typically consists of a police report.
The Court is mandated to set the matter for trial if it determines that probable cause exists to believe that the defendant committed the crime alleged in the complaint. This determination is made by the judge, emphasizing their pivotal role in the legal process.
Probable cause is defined in various ways in case law, but essentially consists of a common-sense determination of whether there is reasonable cause to believe that a crime was committed and that the defendant charged is the individual who committed the crime.
This standard is far easier to meet for the Los Angeles County prosecutor than the familiar “proof beyond a reasonable doubt” standard, which applies at a jury trial.
Possible 991 Motion Results
The Los Angeles County judge will either grant or deny your PC 991 motion. If denied, your criminal case will proceed through the court; however, you will still have the opportunity to challenge the evidence later through other legal motions.
It's essential to note that a denial of the PC 991 motion does not necessarily result in a conviction. It simply means that the court found sufficient evidence to proceed with the case. This clarification helps the reader understand the potential outcomes of their PC 991 motion and their legal options moving forward.
If, after the probable cause hearing, the Court finds that there is insufficient evidence to support probable cause, the Court will dismiss the complaint against you, and you will be released from custody. This outcome, which is the goal of a PC 991 motion, can provide a significant sense of relief and a fresh start in your legal journey, instilling a sense of hope and optimism.
However, this is not necessarily the end of the case. When a misdemeanor complaint is dismissed following a probable cause hearing pursuant to Penal Code § 991, the prosecution has 15 days to refile the complaint, re-alleging the same criminal conduct against the defendant.
This means that if the court finds insufficient evidence during the PC 991 motion, the prosecution has a limited time to gather additional evidence and refile the complaint. (Penal Code § 991 (e).)
If, however, this second filing results in another dismissal of the complaint, the second dismissal constitutes a permanent bar to any future prosecution based on the same alleged conduct. (Penal Code § 991(e)).
Accordingly, the Los Angeles County prosecutor gets two chances to allege misdemeanor conduct against a particular defendant, but not three. This knowledge can help you stay informed and prepared for the legal process.
Why You Need a Criminal Law Firm
If you or a member of your family is facing misdemeanor charges and is still in custody in Los Angeles County, call our law office to discuss the possibility of filing a Penal Code 991 motion, which is an early challenge to potentially stop your case immediately. In some cases, you may be eligible to file a motion for factual innocence.
Eisner Gorin LLP is a top-rated Los Angeles criminal defense law firm practicing in California State courts and federal courts across the United States. Our experienced attorneys have a deep understanding of the legal system and are committed to providing the best possible defense for our clients.
If you are charged with a misdemeanor crime and are interested in consulting further about the option of filing a Penal Code § 991 motion for a probable cause hearing, contact our experienced criminal defense attorneys.
Criminal matters, even when charged as misdemeanors, are serious legal issues that can result in lasting damage to your reputation and ability to secure employment, housing, and other benefits. It's crucial to seek legal advice and representation to navigate these complex legal processes.
Representation by an experienced advocate is necessary to ensure the best chance of a positive outcome in your case. Contact us to review the details of your case.
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