TABLE OF CONTENTS

1. Caption
2. Introduction
3. Statement of Facts
4. Grounds for Dismissal
5. Legal Argument
6. Prayer for Relief
7. Certificate of Service

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [________________________________]

DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

Defendant, [DEFENDANT FULL LEGAL NAME], by and through counsel, [ATTORNEY NAME], of [LAW FIRM NAME], hereby moves this Court for an order dismissing the Information / Indictment filed in the above-captioned matter pursuant to California Penal Code § 995 and/or § 1385. This motion is made on the grounds set forth below, supported by the accompanying memorandum of points and authorities, the attached declaration(s), and all papers and records on file herein.

II. STATEMENT OF FACTS

On or about [__/__/____], Defendant was charged by way of ☐ Complaint / ☐ Information / ☐ Indictment with the following offense(s):

[Provide a concise factual summary of the relevant procedural history and facts giving rise to this motion.]

[________________________________]

III. GROUNDS FOR DISMISSAL

Defendant seeks dismissal on the following grounds (check all that apply):

☐ A. Insufficient Evidence / Lack of Probable Cause (Penal Code § 995)
The evidence presented at the preliminary hearing was insufficient to establish probable cause that a crime was committed and that Defendant committed it. The magistrate improperly held Defendant to answer.

☐ B. Speedy Trial Violation (Penal Code § 1382)
The People failed to bring Defendant to trial within the time prescribed by Penal Code § 1382:
- ☐ 60 days from arraignment on the Information (felony, in-custody defendant)
- ☐ 30 days from arraignment (misdemeanor, in-custody defendant)
- ☐ 45 days from arraignment (misdemeanor, out-of-custody defendant)

☐ C. Statute of Limitations (Penal Code §§ 799-805)
The prosecution was commenced beyond the applicable statute of limitations period. The charged offense carries a limitations period of [________________________________] and the alleged conduct occurred on or about [__/__/____].

☐ D. Double Jeopardy (U.S. Const. Amend. V; Cal. Const. Art. I, § 15)
Defendant has previously been placed in jeopardy for the same offense. The prior proceeding concluded on [__/__/____] in Case No. [________________________________] before the [________________________________] Court.

☐ E. Due Process Violation (U.S. Const. Amend. XIV; Cal. Const. Art. I, § 7)
The prosecution's conduct has violated Defendant's due process rights, including but not limited to: [________________________________].

☐ F. Defective Charging Instrument
The Information / Indictment is fatally defective because: [________________________________].

☐ G. Prosecutorial Misconduct
The prosecution engaged in misconduct that prejudiced Defendant's rights, specifically: [________________________________].

☐ H. Dismissal in the Interest of Justice (Penal Code § 1385)
The Court should exercise its discretion to dismiss in the interest of justice based on: [________________________________].

IV. LEGAL ARGUMENT

A. Motion Under Penal Code § 995

Under California Penal Code § 995, the information shall be set aside if the defendant had been committed without reasonable or probable cause. The trial court, in ruling on a § 995 motion, sits as an appellate court reviewing the preliminary hearing transcript. People v. Laiwa, 34 Cal.3d 711, 718 (1983).

The evidence presented at the preliminary hearing failed to meet this standard because:

[________________________________]

B. Speedy Trial Under Penal Code § 1382

California Penal Code § 1382 requires dismissal when the prosecution fails to bring the case to trial within the statutory time period. The right to a speedy trial is also guaranteed by the Sixth Amendment to the U.S. Constitution and Article I, § 15 of the California Constitution. Barker v. Wingo, 407 U.S. 514 (1972); Serna v. Superior Court, 40 Cal.3d 239 (1985).

[________________________________]

C. Statute of Limitations

Under California Penal Code §§ 799-805, every prosecution must be commenced within the applicable limitations period. The applicable period for the charged offense is [________________________________]. The alleged offense occurred on [__/__/____], and the complaint was not filed until [__/__/____], which is beyond the statutory period. See People v. Zamora, 18 Cal.3d 538, 547 (1976).

[________________________________]

D. Double Jeopardy

The Double Jeopardy Clause of the Fifth Amendment, applicable to the states through the Fourteenth Amendment, protects against a second prosecution for the same offense after acquittal or conviction and against multiple punishments for the same offense. North Carolina v. Pearce, 395 U.S. 711 (1969); Kellett v. Superior Court, 63 Cal.2d 822 (1966).

[________________________________]

E. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Set the Information / Indictment aside and dismiss all charges pursuant to Penal Code § 995;
2. Alternatively, dismiss all charges pursuant to Penal Code § 1385 in the interest of justice;
3. Order such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], State Bar No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], California [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]

Attorney for Defendant [DEFENDANT FULL LEGAL NAME]

VI. CERTIFICATE OF SERVICE

I, [________________________________], declare that on [__/__/____], I served a true and correct copy of the foregoing DEFENDANT'S MOTION TO DISMISS on the following parties by the method indicated:

☐ Personal delivery
☐ U.S. Mail, first class, postage prepaid
☐ Electronic service via [________________________________]

Office of the District Attorney
County of [________________________________]
[ADDRESS]
[CITY], California [ZIP CODE]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: [__/__/____]

________________________________________
[NAME OF DECLARANT]

CALIFORNIA-SPECIFIC NOTES

• Penal Code § 995: Permits dismissal of the information after preliminary hearing if defendant was committed without probable cause or if a substantial right was denied at the hearing.
• Penal Code § 1382: Sets mandatory time limits for bringing a case to trial (60 days for felonies from filing of information; 30/45 days for misdemeanors).
• Penal Code § 1385: Grants the court discretion to dismiss "in furtherance of justice." As of 2024, amended to require courts to consider specific mitigating circumstances (Senate Bill 81).
• Penal Code §§ 799-805: Statutes of limitations ranging from no limit for murder to one year for most misdemeanors.
• Cal. Rules of Court, Rule 4.112: Governs the format and filing of motions in criminal cases.
• Filing and Service: Motions must be served at least 10 court days before the hearing date per Cal. Penal Code § 1005.

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed California attorney before use.