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California Law (Last Updated: March 4, 2014) |
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Penal Code - PEN |
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Part 2. OF CRIMINAL PROCEDURE |
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Title 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL |
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Chapter 2. Setting Aside the Indictment or Information |
Section 995.
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(a) Subject to subdivision (b) of Section 995a, the indictment or information shall be set aside by the court in which the defendant is arraigned, upon his or her motion, in either of the following cases:
(1) If it is an indictment:
(A) Where it is not found, endorsed, and presented as prescribed in this code.
(B) That the defendant has been indicted without reasonable or probable cause.
(2) If it is an information:
(A) That before the filing thereof the defendant had not been legally committed by a magistrate.
(B) That the defendant had been committed without reasonable or probable cause.
(b) In cases in which the procedure set out in subdivision (b) of Section 995a is utilized, the court shall reserve a final ruling on the motion until those procedures have been completed.