Criminal defense

Asked about 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


    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


    Contributor Level 20


    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


    Contributor Level 12


    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


    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.

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

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