Los Angeles Criminal Defense and Pretrial Challenges to Charges

Under Penal Code § 1004, a defendant may demur before entering a plea when specified defects appear on the face of the charging document. Grounds include allegations that fail to constitute a public offense or lack of court jurisdiction.

A demurrer cannot ordinarily resolve conflicting testimony. For example, proximity to drugs does not necessarily establish knowing possession, but disputed facts may require a hearing or trial rather than dismissal based on the complaint. Courts may permit correction of certain defects. Related criminal complaint defense issues concern the legal sufficiency of charging allegations.

Penal Code § 991 permits probable-cause review when a misdemeanor defendant is in custody at arraignment and pleads not guilty. The magistrate generally rules immediately but may grant a continuance of up to three court days for good cause.

Without probable cause, the complaint is dismissed. Prosecutors may refile within 15 days, but a second dismissal under § 991 bars prosecution for the same offense.

At a felony preliminary hearing, Penal Code § 871 requires discharge if evidence fails to establish sufficient cause to hold the defendant to answer. After an information or indictment, § 995 allows specified challenges, including lack of reasonable or probable cause. These proceedings do not determine guilt beyond a reasonable doubt.

Beginning January 1, 2027, AB 1917 requires court permission before prosecutors reinstate certain charges dismissed for insufficient cause at a qualifying preliminary hearing where at least one felony count proceeds.

Penal Code § 1538.5 allows defendants to seek suppression of evidence obtained through unreasonable searches or seizures. Relevant questions include whether officers had authority to conduct the search, whether a warrant was valid, and whether its scope was exceeded.

For felony cases initiated by complaint, a motion involving evidence intended for the preliminary examination generally must be filed and personally served at least five court days beforehand, subject to statutory exceptions. The related illegal search and seizure page explains the Fourth Amendment standards. Suppression does not necessarily end prosecution if other admissible evidence remains.

The Fifth Amendment and Miranda v. Arizona govern certain statements obtained during custodial interrogation. Police generally must provide Miranda warnings before custodial questioning, not merely upon arrest. An unwarned statement may be excluded from the prosecution's case-in-chief, subject to exceptions.

Whether the person was in custody, when questioning began, and whether rights were invoked can affect admissibility. A Miranda violation does not automatically invalidate the underlying charge.

Under Penal Code § 1054.1, prosecutors must disclose specified materials they possess or know investigating agencies possess. These include defendant statements, relevant physical evidence, exculpatory material, and certain witness reports.

Defendants should also preserve:

• Messages and emails: Communications relevant to disputed events.
• Recordings and photographs: Original evidence showing conduct or locations.
• Witness information: Names and relevant observations.
• Timeline records: Receipts, appointments, and location information.

Preserve original files and metadata. Altering evidence or pressuring witnesses may create additional legal problems.

Penal Code § 1054.5 generally requires an informal discovery request before seeking court enforcement. If required materials remain undisclosed after 15 days, a party may request a court order.

Under § 1054.7, disclosure generally must occur at least 30 days before trial. Newly discovered information within that period ordinarily requires immediate disclosure, subject to recognized exceptions. Courts may order disclosure or other remedies. Dismissal is not an ordinary discovery sanction unless constitutionally required.

The Los Angeles County District Attorney prosecutes felonies throughout the county and misdemeanors in many cities and unincorporated areas. The Los Angeles City Attorney generally handles misdemeanors and infractions within city limits. Some other cities maintain separate prosecution offices.

The charging document identifies the prosecuting agency and court handling the case.

The Los Angeles Superior Court's Court Access Portal provides available case information and hearing calendars, but does not replace criminal discovery. Before filing a motion, verify the assigned department, filing requirements, and service deadlines.

Federal prosecutions follow the Federal Rules of Criminal Procedure and applicable federal local rules rather than California's state criminal motion procedures.