Pen. Code, § 995 · Chapter 2. Setting Aside the Indictment or Information
Pen. Code, § 995
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Amended by Stats. 1982, Ch. 1505, Sec. 3.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=995.
- Text hash
- sha256 dc39c8bd6ffa985eb180f50a381ef1575e3662546a99916e95e09277bbe9e883
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
Cited by 8 provisions
Provisions in this library whose text cites Pen. Code, § 995. Each shows the citation as that text prints it.
Penal Code
- Pen. Code, § 871.5Printed as Section 995 | Sections 995 and 999a
- Pen. Code, § 996Printed as Section 995
- Pen. Code, § 999aPrinted as Section 995
- Pen. Code, § 1387Printed as Section 859b, 861, 871, or 995 | Section 995
- Pen. Code, § 1510Printed as Section 995 or 1538.5
- Pen. Code, § 1538.5Printed as Section 871.5 or 995 | Sections 871.5, 995, 1238, and 1466
- Pen. Code, § 13151.1Printed as Section 995
California Rules of Court
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