What is the legal test for setting aside an allegation of sexual assault at a preliminary hearing?

California, United States of America


The following excerpt is from The People V. Wang, 106 Cal.Rptr.2d 829 (Cal. App. 2001):

A magistrate at a preliminary hearing determines whether the prosecution's factual showing establishes probable cause to believe the defendant committed a felony. " ' " 'An information will not be set aside or a prosecution thereon prohibited if there is some rational ground for assuming the possibility that an offense has been committed and the accused is guilty of it.' " ' [Citations.] The test is a limited one: whether there is such a state of facts as would lead a person of ordinary caution or prudence to believe and conscientiously entertain a strong suspicion of the guilt of the accused. [Citation.] If the test is met, the magistrate must hold the defendant to answer. [Citation.]" (People v. DeJesus (1995) 38 Cal.App.4th 1, 14, original italics.) We review the evidence to determine whether, as a matter of law, it was sufficient, not whether the superior court's ruling was reasonable. (Salazar v. Superior Court, supra, 83 Cal.App.4th at p. 842.) "Ordinarily, if there is some evidence in support of the information, the reviewing court will not inquire into its sufficiency. [Citations.] Thus, an indictment or information should be set aside only when there is a total absence of evidence to support a necessary element of the offense charged. [Citations.]" (Ibid.) The required showing may be made through circumstantial evidence supporting the magistrate's reasonable inferences. (Ibid.) "[T]he showing required at a preliminary hearing is exceedingly low." (Id. at p. 846.)

Other Questions


How have courts dealt with allegations of sexual assault made by an alleged coparticipant at a preliminary hearing? (California, United States of America)
What is the legal test for setting aside an allegation of sexual assault? (California, United States of America)
What is the legal test for a motion to suppress or set aside search and seizure evidence at a preliminary hearing? (California, United States of America)
What is the state of the law in relation to allegations of sexual harassment in the context of an alleged sexual assault on a minor? (California, United States of America)
How have courts dealt with allegations of sexual assault made against a defendant at a preliminary hearing? (California, United States of America)
How have courts dealt with allegations of sexual assault against a police officer who sexually assaulted a female passenger while carrying out a traffic stop? (California, United States of America)
What is the test for establishing that the date of an alleged sexual assault occurred prior to the effective date of the sexual assault statute? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
How have courts treated allegations of sexual assault in sexual assault cases? (California, United States of America)
What is the test for a motion to set aside an allegation of sexual assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.