Criminal defense

Asked almost 2 years ago - Los Angeles, CA

Is a PC991 motion actually a written, noticed motion, or is it an oral motion that is asked for on the spot by an attorney?

Attorney answers (4)

  1. Joshua Kaizuka

    Contributor Level 16

    5

    Lawyers agree

    Answered . PC 991 requires "immediate" hearing if the individual is in custody on a misdemeanor. It is similar to a prelim in a felony case but based on a various documents including declarations, warrants, and police reports.

  2. John M. Kaman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . A PC 991 is almost always made orally at your arraignment by your attorney. These are difficult to win but you will have a better chance if a lawyer does it than if you do it yourself.

  3. Michael James Kennedy

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . I always do them in writing and make a big deal out of it, so they see that a writ might loom if they don't deal with the matter appropriately.

  4. Scott David Hughes

    Contributor Level 7

    1

    Lawyer agrees

    Answered . A PC 991 Motion can be made either orally or in writing, there is no requirement that it be done either way. If in writing, a person should include documentary evidence, sworn declarations, or reports to support his or her claim that the complaint lacks sufficient probable cause that a public offense was committed or that he or she is not the person who committed it.

    My preference is to request such a hearing orally on the spot at the arraignment but to set the hearing for the matter a few days away so that I can draft a written argument unless its clear from the police report, complaint or warrant that my client was not the perpetrator, or that no crime was committed.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,961 answers this week

3,156 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,961 answers this week

3,156 attorneys answering