02/13/2021
Do you know what a probable cause warrants are? Do you also know what the meaning of the term adjudication is. Here is small education for the unjustly riddled by the old and outdated laws in your town which oppresses the communities. Please use as a federal guidelines to expose injustice in systems that feel they have zero authority to be governed by our democracy. Defense 1 "California Penal Code § 995 provides, in relevant part, that an indictment “shall be set aside” where (1) “it is not found, endorsed, and presented as prescribed in this code,” or (2) “the defendant has been indicted without reasonable or probable cause.” “Preliminary hearings and Penal Code section 995 motions operate as a judicial check on the exercise of prosecutorial discretion and help ensure that the defendant is not charged excessively.” (People v. Plengsangtip (2007) 148 Cal.App.4th 825, 835 [internal quotation marks and citations omitted].) Courts ruling on a Penal Code section 995 motion look to whether the preliminary hearing or grand jury contained “sufficient competent evidence” to conclude there exists “probable cause to believe that a crime had been committed and that the defendant had committed it.” (People v. Lopez (1975) 52 Cal.App.3d 263, 265-266.) While the evidentiary showing required is low, the complete failure to present evidence on an essential element of a crime requires dismissal of the allegation. (Thompson v. Superior Court (2001) 91 Cal.App.4th 144, 148 [“to withstand a section 871 or Penal Code section 995 motion to dismiss, the People must make some showing as to the existence of each element of the charged offense”].) As ever, probable cause is evaluated by looking to the totality of the circumstances. (See Illinois v. Gates (1983) 462 U.S. 213
I give zero f's about how you feel. Just remember I am here for the people.
