When facing criminal charges in California, understanding the procedural timelines for challenging evidence and charges can make the difference between a successful defense and missed opportunities. California Penal Code Section 1510 establishes strict deadlines that defendants must follow when seeking pre-trial review of certain denied motions. This procedural rule affects two critical defense motions: motions to set aside an information under Section 995 and motions to suppress evidence under Section 1538.5.
What California Penal Code Section 1510 Actually Means
California Penal Code Section 1510 creates a procedural framework that governs when defendants can appeal the denial of specific pre-trial motions before their case goes to trial. The statute requires defendants to act within specific timeframes or risk losing their ability to seek appellate review before trial. This timing requirement exists to promote judicial efficiency and prevent delays in criminal proceedings, but it can create significant challenges for defendants who are unaware of these strict deadlines.
The statute applies specifically to two types of motions that criminal defense attorneys frequently file on behalf of their clients. Understanding these timeframes is essential for anyone facing criminal prosecution in California.
The Two Types of Motions Covered by Section 1510
Section 995 Motions to Set Aside Information
A Section 995 motion challenges the sufficiency of evidence presented at a preliminary hearing in felony cases. When a magistrate finds probable cause to hold a defendant to answer for felony charges, the defendant has the right to challenge whether sufficient evidence actually existed to support that finding. These motions argue that the prosecution failed to present adequate evidence during the preliminary hearing to establish probable cause that the defendant committed the alleged crimes.
Defense attorneys use Section 995 motions to attack weak cases early in the criminal process, potentially getting charges dismissed before trial. This can be particularly effective when the prosecution's case relies on questionable witness testimony or lacks physical evidence connecting the defendant to the alleged crime.
Section 1538.5 Motions to Suppress Evidence
A Section 1538.5 motion seeks to exclude evidence that law enforcement obtained in violation of a defendant's constitutional rights. These suppression motions are among the most powerful tools in criminal defense, as they can challenge illegal searches and seizures, improper traffic stops, violations of Miranda rights, and other constitutional breaches by police officers.
When evidence gets suppressed, prosecutors often cannot proceed with their case. For example, if police conducted an illegal vehicle search that produced drugs, and the court grants a motion to suppress that evidence, the prosecution may have no choice but to dismiss the charges entirely.
Critical Timing Requirements for Defendants
Misdemeanor Cases: The 45 Day Rule
For misdemeanor prosecutions, defendants must file their Section 995 or Section 1538.5 motion within 45 days following their arraignment on the complaint. The arraignment is the court hearing where the defendant is formally advised of the charges and enters an initial plea. This 45 day window begins running immediately after the arraignment, regardless of whether the defendant has retained counsel or fully understands the charges.
Missing this deadline can have serious consequences. If a defendant files a suppression motion after the 45 day period expires, the trial court may still hear the motion, but if the court denies it, the defendant generally cannot seek pre-trial appellate review. The defendant would have to wait until after trial and conviction to raise these issues on appeal.
Felony Cases: The 60 Day Rule
Felony cases operate on a slightly longer timeline. Defendants must file their motions within 60 days following their arraignment on the information or indictment. In California's felony process, after the preliminary hearing, the prosecution files an information (a formal charging document) or presents the case to a grand jury that issues an indictment. The defendant is then arraigned on this information or indictment, and that arraignment date triggers the 60 day deadline.
This timing distinction reflects the greater complexity of felony cases and the additional procedural steps involved in felony prosecution. However, 60 days still passes quickly, especially when defendants are dealing with the stress of serious criminal charges and potentially navigating the court system without legal representation.
Important Exceptions to These Strict Deadlines
Section 1510 recognizes that rigid adherence to these deadlines could create injustice in certain situations. The statute therefore provides two important exceptions that can extend the time for filing these motions.
When the Defendant Was Unaware of the Issue
If the defendant did not know about the legal issue that would form the basis of the motion within the applicable time period, the deadline may be extended. This exception most commonly applies when new evidence comes to light after the deadline has passed. For example, if a defendant later discovers that police used an invalid search warrant or that officers fabricated probable cause for a stop, the court may allow a late filed motion based on this newly discovered information.
When the Defendant Had No Opportunity to Raise the Issue
Even if the defendant was aware of the issue, the deadline may be extended if circumstances prevented the defendant from actually filing the motion in time. This exception can apply when defendants face obstacles beyond their control, such as delayed discovery disclosure by prosecutors, difficulty obtaining legal representation, or administrative issues that prevented timely filing.
Why These Deadlines Matter for Your Defense Strategy
Understanding Section 1510's timing requirements is crucial for developing an effective defense strategy. Criminal defense attorneys must act quickly to investigate potential constitutional violations and evidentiary weaknesses in the prosecution's case. Waiting too long to begin this investigation can result in missed deadlines that foreclose important defense options.
The consequences of missing these deadlines extend beyond just procedural complications. When defendants cannot seek pre-trial appellate review of denied motions, they may face difficult choices about whether to proceed to trial or accept a plea bargain, even when they have strong legal arguments about constitutional violations or insufficient evidence. Successfully challenging evidence or charges before trial can fundamentally change the dynamics of plea negotiations and trial strategy.
Strategic Considerations for Defense Attorneys
Defense counsel must immediately begin investigating potential grounds for Section 995 and Section 1538.5 motions upon taking a case. This includes reviewing police reports for Fourth Amendment violations, examining preliminary hearing transcripts for evidentiary insufficiencies, and issuing appropriate discovery requests to uncover information that might support these motions.
Timing pressures created by Section 1510 also highlight the importance of defendants securing experienced legal representation as early as possible in the criminal process. Defendants who represent themselves or who delay hiring an attorney risk missing these critical deadlines through no fault of their own, simply because they lack knowledge of these procedural requirements.
Protecting Your Rights Within These Strict Timeframes
If you or a loved one is facing criminal charges in California, understanding these procedural deadlines is essential to preserving your ability to challenge evidence and charges before trial. The experienced criminal defense team at The Bulldog Law understands how to navigate Section 1510's requirements and will immediately begin evaluating your case for potential pre-trial motions that could result in dismissed charges or suppressed evidence.
Do not let these strict deadlines prevent you from mounting the strongest possible defense. Early intervention by skilled defense counsel can identify constitutional violations and evidentiary weaknesses that form the basis for successful pre-trial motions, potentially resolving your case favorably before you ever face a jury.