Question from Jimmy, What Motions Can Be Filed to Dismiss a Grand Theft Charge?
Answer from AI:
If you have been charged with grand theft under California Penal Code Section 487(b), and you believe the charge is unfounded because you neither stole nor intended to permanently deprive someone of their property, there are several legal motions that could potentially be filed on your behalf to challenge the charge. It’s important to note that the success of these motions depends on the specific facts of your case, and consulting with a criminal defense attorney is crucial for personalized legal advice.
Potential Motions to Consider
- Motion to Dismiss (Penal Code Section 995): A PC 995 motion can be filed if you believe there was insufficient evidence presented at the preliminary hearing to establish probable cause that you committed the offense or if there were procedural errors.
- Serna Motion: If there has been an unreasonable delay in the prosecution that violated your right to a speedy trial, a Serna motion could be filed to dismiss the case.
- Motion to Suppress Evidence (Penal Code Section 1538.5): If evidence was obtained through an illegal search or seizure, a motion to suppress that evidence could be filed. If the motion is granted and the key evidence is suppressed, the prosecution may not have enough evidence to proceed, and the case could be dismissed.
Factors to Consider
When considering these motions, the following factors are typically taken into account:
- The specific circumstances surrounding the alleged theft.
- Whether your rights were violated during the investigation or arrest.
- The evidence against you and how it was obtained.
- Any procedural errors that may have occurred during the criminal process.
- Consult with a Defense Attorney: An experienced criminal defense attorney can evaluate the details of your case and advise you on the best course of action, including which motions to file.
- Review the Evidence: Your attorney will review the evidence against you to determine if there are grounds for a motion to dismiss or suppress.
- File the Motion: If appropriate, your attorney will draft and file the motion with the court, arguing why the case should be dismissed.
- Attend the Hearing: A hearing will be scheduled where your attorney can present arguments and evidence in support of the motion.
It’s important to act promptly, as there are often strict deadlines for filing certain motions. If you are considering filing a motion to dismiss, you should do so as soon as possible to preserve your rights.
For more information on grand theft and related defenses, you can refer to the California Penal Code Section 487.
Remember, this information is not a substitute for personalized legal advice. Each case is unique, and the law is subject to change. It is strongly recommended that you seek the assistance of a licensed attorney who can provide guidance tailored to your specific situation.