The fine is $900+ but I was granted a reduced sentence in 2016 to $25. List of Amc - Free ebook download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read book online for free. Mr. Cox is the update author of Pleadings; Joinder and Severance (Chapter 7) and Confessions and Admissions (Chapter 23). Mr. Byers, a certified specialist in criminal law since 1990, is a Special Assignments Attorney with the Contra Costa County Office of the Public Defender. If I do need an attorney how much would it cost. PROJECTS, DUTY JUDGES, AND BAIL MAGISTRATES IN SELECTED COUNTIES [Deleted], 1.  Infraction and Misdemeanor Arrests: Non-Vehicle Code, 2.  Infraction and Misdemeanor Arrests: Vehicle Code, C.  Prosecutor’s and Magistrate’s Duties, D.  Defendant’s Compliance With Notice to Appear, E.  Optional Bail Forfeiture in Infraction Cases, F.  Effect of Failure to Appear in Misdemeanor Cases, C.  Own Recognizance (O.R.) I do not live in the same city as the court and I couldnt find transportation there. Ms. Bergman is a Deputy Attorney General for the Office of the California Attorney General, working in the Appeals, Writs and Trials Section of the Criminal Law Division of the San Diego office. I had to leave an abusive relationship by moving to Florida. For lesser offenses such as misdemeanors, a state where the defendant is wanted will often decline to expend its resources to arrest and extradite the fugitive.Â, Yes, you can call the court or go online to find out if a warrant has been issued against you. I was stopped by Walmart security because something was left in a cart . Joseph A. Brandolino, B.S., 1983, Providence College (summa cum laude); J.D., 1986, Harvard Law School. I want to get this taken care of really bad! He updated Writs in California State Courts (Chapter 42) with Allen R. Crown and is the update author for Felony Appeals (Chapter 44). Unique insights and invaluable information from the late Hon. He is the update author for Right to Counsel; The Attorney-Client Relationship (Chapter 3) and Arrest and Bench Warrants, Summonses, Subpoenas (Chapter 4). E. Thomas Dunn, Jr., B.A., 1977, Biola University; J.D., 1984, Southwestern University School of Law. He is a past president of the Constitutional Rights Foundation of Orange County, the William P. Gray Legion Lex American Inn of Court, and the Orange County Bar Foundation. If a bench warrant has been issued and no bail has yet been set, the peace officer who arrested you or who had been investigating the underlying case against you can ask the court to set bail at a high amount, particularly if the offense is against a person that you have threatened or assaulted. Mr. Lew and Jeffrey G. Adachi coauthored Immunity for Testimony (Chapter 49) for the first edition and updated it for subsequent editions. He didn’t receive any notice to appear in court so confused as to why he has a bench warrant . I missed my court hearing today. Community service may be substituted in some cases in lieu of a fine. I have been driving under these terms for several years, and been unemployed the entire time. Ms. McNamara is the update author of Selected Pretrial Motions (Chapter 18). Hello my name is Jessica Kerr i was arrested in Humboldt county about a year ago after I had an accident where my car lost total power (steering braking ECT.) We got a paper saying to clear a ticket or i would have to go to court. In that case, no letter will be sent out. If no appearance is made, either by counsel or by him personally, a bench warrant will issue. Plea bargains. My case was a failure to reduce speed. He has testified on numerous occasions as an expert on the impact of pretrial publicity and on venue issues. Ms. Stuart is a Deputy Public Defender for the Santa Clara County Public Defender Office, currently working in the Research, Law, and Motion department of the San Jose office. She was selected for the 2012 Northern California Super Lawyers list and was listed among the Top Women Attorneys in Northern California. So, my question is why can’t my probation officer resolve any of this and dismiss the arrest warrant? “They’d have to get physical jurisdiction over (Trump) and DC doesn’t typically extradite for misdemeanors,” said Richard Gilbert, a criminal defense attorney in DC. If the bench warrant was issued pursuant to a felony and you were released on OR, the violation is also under PC 1320(b)2 except the fine is no less than $5000 along with possible county jail or state prison time. Mr. Crivaro is a frequent lecturer on various topics related to criminal law, procedure, and evidence. From my understanding, when an indicment comes back on an individual, he/she are not notified through the mail or in anyway for that matter. In People v McKenzie (2020) 9 C5th 40, the California Supreme Court held that a defendant who was granted probation after imposition of sentence was suspended, and who did not timely appeal from the order, may take advantage of ameliorative statutory amendments during a later appeal from a judgment revoking probation and imposing sentence. Hello Elizabeth: The Public Defender’s office can assist you if you don’t have the means to hire private counsel. Jeffrey G. Adachi, A.B., 1981, University of California, Berkeley; J.D., 1985, University of California, Hastings College of the Law. !I don’t have a lot of money, really have no money since I lost my job in April. I searched his records on line and it shows up as a bench warrant, but does not state the penal codes. Ms. Condes is a criminal defense attorney in private practice in Berkeley. He updated Prior Convictions and Uncharged Misconduct (Chapter 24) with Brent Riggs. If I were to go straight to a courthouse tomorrow to either pay whatever fine I’m wondering if there’s a chance I could be arrested? Department of Youth and Community Restoration. Also would my local police come to my home to get me on this warrant being it is a misdemeanor traffic warrant?? Susan Horst, B.A., 1969, Stanford University; J.D., 1976, University of Santa Clara School of Law. Mr. Gibson has been a Deputy Public Defender for San Diego County since 1991. See chap 44. Edward J. Bronson, B.S., 1957, and J.D., 1959, Denver University; LL.M., 1961, New York University; Ph.D., 1972, University of Colorado. For criminal suspects, extradition is the most common type of rendition. He is a former Assistant U.S. Attorney and Coordinator of the Northwest Region of the President’s Organized Crime Drug Enforcement Task Force, and he served for 12 years as an Assistant District Attorney for the City and County of San Francisco. The most common reasons judges issues bench warrants are for defendants who fail to appear (FTA) at their scheduled court date pursuant to a notice to appear or a verbal order to appear as issued by a judge, though a clerk will generally give you a copy of court papers with the scheduled date on it. I have 3 warrants for dui in California. The California Supreme Court, in People v Veamatahau (2020) 9 C5th 16, held that an expert witness did not relate inadmissible case-specific hearsay to the jury by using a drug database to identify the chemical composition of a drug. I have a ticket for failure to show proof of insurance I never appeared in court as I went out of town for a job. If the case is a misdemeanor, an attorney can appear on his behalf and he should be able to resolve the case without needing to come back to CA. You will have to contact an attorney in South Carolina. Hello my husband missed his final sentencing in a county because he was incarcerated in another county. He has published articles relating to trial publicity and voir dire, and he provides ongoing MCLE training for the State Bar, the San Diego County Bar, and the Public Defender’s Office. Doing a background check, it shows that that particular case number was sealed per attorneys request. In which county/state is your case and is the charge a felony or a misdemeanor? Mr. McMahon is a member of the Adjunct Faculty of the Santa Barbara College of Law and the Ventura College of Law, where he teaches criminal law, advanced evidence, and trial practice. Dr. Bronson is the lead author on Chapter 15. I’m very much ready to do whatever I have to to get to see my family. Nicholas K. Jay, B.S., 2006, Pepperdine University; J.D., 2009, University of the Pacific, McGeorge School of Law; LL.M. We have recalled hundreds of warrants for our clients and we can do the same for you. This should, however, alert you to contact an attorney before another bench warrant is issued or the original one is entered in the database. I thought it was handled. I could have shown him all the proof beforehand. Effective January 1, 2020, Welf & I C §707.5 allows for persons whose case was transferred from juvenile to criminal court to return the case to juvenile court for disposition. A no-bail warrant means that no bail will be imposed on you as a condition of your release, primarily because you have a parole or probation violation, or an immigration hold has been placed on you. They don’t want to lose their current job, they just need to pay the fine I hope. See chap 16. James A. Lassart, B.A., 1964, University of Santa Clara; J.D., 1967, University of San Francisco School of Law. Every court has their own policies and procedures. The Judge should recall the warrant. Hi Jonna. Mr. Sarabia is a general international business lawyer concentrating on foreign business transactions and intellectual property. He updated Lineups and Identification (Chapter 22) and Misdemeanor Appeals (Chapter 43) with Douglas W. Otto. Im so confused and scared and dont know what to do, he will be taken into custody on Monday if this is not dealt with but Ive been trying (my car is broke down right now, my PO didnt give me alot of time considering everything hes going thru right now, his baby mama just passed and trying to get the kids and his mom has lupus and grandma has demencha not including we are between houses etc, it is super hard and we need to get this fixed and he has his appt monday with the PO. Expert testimony. Do not allow yourself to be arrested or incarcerated because you missed a court date or allegedly violated a court order or condition of probation. Help. Hi Lisa: We are licensed to practice law in California. Alex Landon, B.A., 1968, California State University, Northridge; J.D., 1971, University of San Diego School of Law. He is a former member of Army and Marine Corps Special Operations Forces and has served as an Army and Navy enlisted man and as a Naval Intelligence Officer. If you were previously arrested and given a court date and failed to appear, the court will issue a bench warrant for your arrest and you will be brought to jail. But I can’t get a good job with those warrants. He is a past president of the California Public Defenders Association and a longtime member of its board of directors. Mr. McCormick retired from his position as an Assistant Public Defender in the Alameda County Public Defender’s Office, where he worked for over 30 years and was a member of its law and motion team. In which county was the case originally assigned? As an attorney in private practice, he handles trial and appellate matters in state and federal court. Mr. Slote is the update author of Effect of Criminal Conviction on Professional Licenses (Chapter 53). Before that appointment, he worked for over 20 years as a Deputy Public Defender and has approximately 190 total trials in his career. Death penalty. Hon. Drug registration. I am required to have random drug screenings as a condition of my probation. She is the update author of Arraignment (Chapter 6). Witkin Judicial College of California. Hon. He updated Criminal Law Practice Management (Chapter 1), Client Interview (Chapter 10), and Selected Trial Motions (Chapter 31) with E. Thomas Dunn, Jr. Allen R. Crown, A.B., 1969, University of California, Berkeley; J.D., 1973, University of California, Davis, School of Law. This happened in 2008 and the warrent still haunts him . If he fills the motion for a bench warrent himself how long do they have to come get him and does it have to go to the county clerck or can he send it to the judge? 2100 Franklin St., Suite 500 Oakland, CA 94612-3098, Jefferson's California Evidence Benchbook, California Judges Benchbook: Search and Seizure 2020, Effectively manage deadlines with charts included throughout, Get right to the information you need using the thorough index with commonly used shorthand phrases, Benefit from the work of more than 60 attorneys and judges, Follow the latest developments in the application of Proposition 47, Understand the procedure for seeking resentencing under Proposition 36, Familiarize yourself with the new pretrial diversion law, Familiarize yourself with your obligations to immigrant defendants, V.  LIST OF FREQUENTLY USED PHONE NUMBERS AND WEBSITES, VI.  OPENING, CLOSING, AND RETRIEVING FILES, 1.  Attorney Availability; Setting Up Calendars, 2.  Deadlines for Filing Court Papers; Computation of Calendar Days and Court Days, IX.  REQUIREMENT THAT COUNSEL KEEP CLIENTS REASONABLY INFORMED CONCERNING CASE, X.  RUNNING AN EFFICIENT CRIMINAL APPELLATE PRACTICE, II.  SOURCES OF PROFESSIONAL RESPONSIBILITY, A.  California Statutes and Rules of Professional Conduct, B.  Additional Sources of Professional Responsibility, D.  Ethics Hotline and Alcohol/Drug Abuse Hotline, IV.  WHEN ATTORNEY MISCONDUCT MUST BE REPORTED TO STATE BAR, V.  DUTY TO AVOID CONFLICTS OF INTEREST, 2.  Concurrent and Former Clients, Who Are Not Codefendants, in Same Proceeding, C.  When Attorney Fees Are Paid by Other Than Client, D.  Attorney’s Relationship With Another Party’s Lawyer, E.  Other Possible Conflicts of Interest, F.  Attorney Business Transactions Adverse to Client, G.  Conflicts That May Disqualify Defense Attorney’s Firm, VI.  ATTORNEY ADVERTISING AND SOLICITATION, IX.  DUTY TO PROVIDE EFFECTIVE REPRESENTATION, A.  Obligations and Standards for Effective Representation, B.  Examples of Representation Challenged as Ineffective, X.  DUTY TO MAINTAIN CLIENT’S CONFIDENCES AND SECRETS, XI.  DUTY TO RETAIN FORMER CLIENT’S FILES, XII.  DUTY TO COMPLY AND TO ADVISE COMPLIANCE WITH LAW, A.  Assisting in Violation of Rules of Professional Conduct, C.  Conditioning Return of Stolen Property on Agreement Not to Prosecute, D.  Suppressing, Concealing, Destroying, or Removing Evidence, E.  Interfering With Witnesses; Paying Witnesses, F.  Making False Representations and Presenting False Evidence in Court, XIII.  ATTORNEYS WHO ARE UNABLE TO PROCEED, A.  Improper Communications With Judges, B.  Gifts and Campaign Contributions to Judges, C.  Comments Regarding Judges and Judicial Rulings, XVI.  IMPROPER CONTACTS WITH REPRESENTED PERSON, XX.  RESPONDING TO SUBPOENA OF CLIENT’S RECORDS, XXI.  PROSECUTOR’S SPECIAL PROFESSIONAL RESPONSIBILITIES, A.  When Prosecutor Personally Believes Defendant to Be Innocent, B.  Duty When Charges Not Supported by Probable Cause, C.  Threatening Criminal, Administrative, or Disciplinary Charges, D.  Duty to Disclose Exculpatory Evidence, F.  Informing Crime Victims of Possible Civil Remedies, G.  Checklist: Prosecutorial Misconduct, B.  Right of Indigent Defendants to Have Counsel Appointed, 3.  Appointment of Co-Counsel in Capital Cases, 4.  Payment for Ancillary Defense Services, C.  Defendant’s Right to Represent Self, 1.  When Self-Representation Permitted; Termination of Self-Representation; Court Obligation, 2.  Inquiry Required Before Ruling on Motion; Second Inquiry Required After Preliminary Hearing, 4.  Advisory Counsel, Standby Counsel, Co-Counsel; Defendant’s Participation as “Co-Counsel”; Ancillary Services, D.  Representation by Certified Law Students, a.  Written Attorney Retainer Agreements, c.  Fees May Not Be Illegal or Unconscionable, 1.  Considerations Before Accepting Employment, 3.  Associating Counsel; Counsel Pro Hac Vice, IV.  DISCHARGE, SUBSTITUTION, AND WITHDRAWAL OF COUNSEL, B.  Discharge of Appointed Counsel (Marsden Motion), 1.  In General; Right to Hearing; Remedy, 2.  Conduct of Hearing; Role of Defense Counsel, C.  Prosecution Interference With Right to Counsel, A.  Prosecutor’s Role in Obtaining Arrest Warrant, B.  Nature and Purpose of Warrant; Judges and Magistrates, 4.  Arrest Warrant Execution at Residence, 5.  Location of Arrest Warrant After It Is Served, 6.  Duty to Bring Arrestee Before Magistrate, G.  Surrendering Defendant on Arrest Warrant, IV.  CONSEQUENCES OF INVALID ARREST WARRANT, A.  No Effect on Personal Jurisdiction of Defendant, B.  Possible Effect on Admissibility of Evidence, VI.  PROBABLE CAUSE FOR WARRANTLESS ARRESTS, 1.  Failure of Defendant to Appear When Required, 2.  Order Increasing Defendant’s Bail, E.  Duty to Bring Arrestee Before Court or Magistrate, B.  Geographic Factors Affecting Issuance and Service, C.  Subpoenaing Law Enforcement Officers, F.  Mandate When Motion to Quash Denied, G.  Counsel’s Options When Witness Fails to Appear, II.  RELEASE BEFORE ARRAIGNMENT: DUTIES OF DEFENSE COUNSEL, B.  Contacting Bail Bond Representative, C.  Contacting Law Enforcement and Prosecution Agency, III.  CHART: PHONE NUMBERS OF O.R. Mr. Patti is the update author of Pleas and Case Settlement (Chapter 26). It is entirely up to the Judge as to whether or not to permit the recall of a misdemeanor warrant without the client in court. Mr. Mehr updated Representing the Noncitizen Criminal Defendant (Chapter 52) with Graciela Martinez. She is the update author of Probation and Mandatory Supervision (Chapter 38). Judge Keller was appointed to the Municipal Court for the Fremont-Newark-Union City Judicial District in 1996 and became an Alameda County Superior Court judge in 1998. He has experience working in venues across the country on both civil and criminal matters. Mr. Grossman was a Deputy Public Defender in San Joaquin County and is currently a staff attorney with the Sixth District Appellate Program. Dr. Bronson is Professor Emeritus of Political Science at California State University, Chico. Hon. Hon. Why not appoint the judge to settle all your legal woes by submitting in a irs form 56 that perhaps dismiss the warrant of any kind and much more. Mr. Cooper is a sole practitioner in Los Angeles County. Release, VI.  OTHER MATTERS THAT MAY BE ADDRESSED AT ARRAIGNMENT, A.  Deferred Entry of Judgment or Diversion, B.  Mentally Ill and Developmentally Disabled Defendants, VII.  OUT-OF-COUNTY ARREST AND ARRAIGNMENT, B.  Offenses That May Be Charged Alternatively as Misdemeanors or Infractions, 1.  Summary of Form and Content; Sample Charging Document, 5.  Court Jurisdiction; When Signed and Sworn To, B.  Alternative Misdemeanor/Felony (“Wobbler”), C.  Checklist: Limitations on Prosecutorial Discretion, A.  Allowable Reasons for Amending Pleadings, 1.  Lack of Jurisdiction (Pen C §1004(1)), 4.  No Offense Stated (Pen C §1004(4)), 5.  Prosecution Barred (Pen C §1004(5)), B.  Procedure; Format, Service, and Filing, 1.  Checklist: Grounds for Severing Counts, 2.  Checklist: Grounds for Severing Codefendants, B.  Separate Juries as Alternative to Severance, C.  Defense Procedures for Challenging Multiple Counts or Defendants, 1.  Permissible Joinder (Consolidation), b.  Offenses Connected Together May Be Joined, c.  Different Statements of Same Offense May Be Joined, d.  Unrelated Offenses of Same Class May Be Joined, 3.  Court’s Discretion to Sever Counts: In Interests of Justice, for Good Cause Shown, 1.  Joint Trial of Codefendants Contemplated, 3.  Effect of Codefendant’s Implicating Confession, b.  Determining Whether Aranda-Bruton Rule Applies, F.  Multiple Defendants, Multiple Offenses, G.  Appellate Review of Severance Issues, V.  DEFENSE ALTERNATIVES TO PRELIMINARY HEARING, B.  Prehearing Guilty or No Contest Plea, VI.  DEFENDANT’S RIGHTS BEFORE AND DURING PRELIMINARY HEARING, A.  Rights to Counsel and Self-Representation, E.  Right to Have Preliminary Hearing Transcribed, F.  Right to Confront and Cross-Examine Prosecution Witnesses, G.  Right to Present Defense Witnesses and Affirmative Defenses, I.  Special Considerations When Codefendants Have Joint Preliminary Hearing, A.  When Preliminary Hearing Must Be Held, B.  Time to Prepare for Preliminary Hearing, C.  One-Session Requirement; Continuances, D.  Postponement for Child Witness or Dependent Person, E.  Relief by Expedited Writ Proceeding, VIII.  PRESENCE OF WITNESSES AND SPECTATORS AT PRELIMINARY HEARING, B.  Prosecution Motion to Exclude Public, C.  Motion to Exclude Witnesses Under Pen C §867, D.  Right of Prosecuting Witness in Certain Cases to Have Persons of Own Choosing Present While Testifying, E.  Contemporaneous Examination of Minor Victim, F.  Video Recording of Developmentally Disabled or Young Victims of Certain Sex Crimes, A.  Proof of Corpus Delicti; Sufficiency of Evidence, F.  Other Motions at Preliminary Hearing, C.  Standard for Sufficiency of Evidence; Magistrate’s Duty to Weigh Evidence, E.  Reducing Felony to Misdemeanor (“Wobblers”); Pen C §17(b)(5), F.  Lesser Included and Related Offenses, G.  Magistrate Who Hears Refiled Complaint, XI.  UNCHARGED OFFENSES AND ENHANCEMENTS, A.  Prosecution Remedies After Dismissal, B.  Defense Remedies After Holding Order, C.  Effect on Defendant’s Custody Status of Reinstatement of Complaint Following Dismissal, XIII.  USES OF PRELIMINARY HEARING TESTIMONY, XIV.  PROCEDURE WHEN DEFENDANT’S MENTAL COMPETENCE IN DOUBT, III.  SELECTION PROCESS FOR GRAND JURORS, C.  Challenges to Composition of Grand Jury, IV.  GRAND JURY PROCEDURES IN CRIMINAL CASES, B.  Differences Between Grand Jury and Preliminary Hearing, C.  Types of Cases Prosecutor Is Most Likely to Bring to Grand Jury; Prosecution Safeguards in Presenting Case, E.  Indictment for Misdemeanor Offenses, F.  Role of Counsel in Representing Witness or Potential Defendant, 1.  Checklist: Challenges to Indictment, 2.  Preparing Witnesses, Deciding Whether Privileges Apply, and Negotiating Immunities, 3.  Representation While Witness Is Testifying, I.  Presentation of Exculpatory Evidence by Prosecutor, L.  Bench Warrant, Commitment, Bail, and Release on Own Recognizance on Indictment, N.  Secret Indictment; Disclosure of Indictment and Testimony, O.  Transcript of Grand Jury Proceedings, II.  HOW INTERVIEW QUESTIONS RELATE TO COUNSEL’S CASE AND TO BOOK, II.  CHECKLIST: SPECIAL DEFENSE AND PROSECUTION DISCOVERY MOTIONS AND PROCEDURES AVAILABLE UNDER “OTHER” STATUTES AND THE CONSTITUTION, III.  CALIFORNIA’S STATUTORY DISCOVERY SCHEME: PEN C §§1054–1054.10, 1.  Summary of Discovery to Be Provided to Defense, 2.  Identity, Whereabouts, and Statements of Witnesses, Including Experts, 4.  Information on Arrests and Convictions, 5.  Constitutionally Mandated Discovery, 6.  Discovery Under California’s Due Process Clause, 1.  Summary of Discovery to Be Provided to Prosecution, 4.  Court-Ordered Mental Health Examinations of Defendant by Prosecution Experts, E.  Counsel’s Informal Request for Discovery, F.  Work Product and Privileged Information, J.  Pretrial Review of Orders Granting Discovery, A.  Pitchess Motion: Motion to Discover Personnel File of Law Enforcement or Custodial Officer, 5.  Sanctions for Failure to Comply With Order of Disclosure, V.  CONSTITUTIONALLY MANDATED DISCOVERY, A.  Evidence Favorable to Accused (Brady Discovery), B.  Duty to Preserve Favorable Evidence (Trombetta-Youngblood Motion), 2.  When to Make Motion; Method of Review, C.  Motion to Obtain Privileged Psychiatric Records (Hammon-Reber Motion), VI.  DISCOVERY OF RECORDS REVEALING DISCRIMINATORY LAW ENFORCEMENT (MURGIA MOTIONS), II.  CALIFORNIA PUBLIC RECORDS ACT AND RELATED STATUTES, C.  Specific California Public Records That Can Be Sought Under Public Records Act or Other State Statutes, 2.  State and Local Summary Criminal History Information (Rap Sheets), 3.  Coroner’s Inquest, Protocol, and Register, 4.  Department of Motor Vehicles (DMV) Records, D.  Location and Accessibility of Records, E.  Procedures for Obtaining Public Records, 1.  Procedures Applicable to General Public, 3.  Agency Response to Public Records Request, 5.  Effect of Disclosure: Loss of Ability to Deny Subsequent Request for Disclosure, 6.  Court Enforcement of the Right to Public Records, III.  COURT AND JUDICIAL BRANCH RECORDS, B.  Arrest Warrants, Search Warrants, and Supporting Affidavits, C.  Inspection or Administrative Warrants, D.  Court Hearings, Records of Proceedings, and Filings, G.  Standards and Procedures for Sealing Other Court Records, A.  Challenging Information or Indictment, B.  Evidence on Which Motion May Be Based and Decided; Obtaining Transcript, IV.  IMPORTANCE OF MAKING PEN C §995 MOTION, V.  GROUNDS FOR MAKING PEN C §995 MOTION, A.  Information or Indictment Not Based on Reasonable or Probable Cause (Sufficiency of Evidence), 2.  Challenging Sufficiency of Evidence, 3.  Holding Order or Indictment Based on Illegally Obtained Evidence, 4.  Common Sufficiency-of-Evidence Issues, B.  Defendant Not Legally Committed by Magistrate, 1.  Preliminary Examination Held Beyond Time Limits, 2.  Rights to Counsel and Self-Representation, 5.  Defendant Was Mentally Incompetent at Preliminary Examination, 6.  Reduction of Felony to Misdemeanor and Dismissal of Complaint in Interest of Justice, 9.  Failure to Provide Discovery Before or During Preliminary Examination, 10.  Failure to File Information Within 15 Days After Holding Order, 11.  Chart: Issues That Need Not or Cannot Be Reviewed by Pen C §995 Motion, D.  Defense Counsel Ineffective at Preliminary Examination, VI.  WHEN OBJECTION REQUIRED AT PRELIMINARY EXAMINATION TO PRESERVE ISSUE, VIII.  EFFECT OF COURT’S PEN C §995 RULING, B.  Subsequent Proceedings; When Two-Dismissal Rule Applies, A.  When Pen C §871.5 Motion Is Available, B.  Noticing and Preparing Pen C §871.5 Motion, D.  Proceedings Following Reinstatement, E.  Effect of Denial of Pen C §871.5 Motion, X.  CHARGING AND RECHARGING UNDER PEN C §739, XI.  CHART: AVAILABILITY AND COMPARISON OF PEN C §§739, 871.5, XII.  REMANDING CASE TO MAGISTRATE; CORRECTING ERRORS IN TRIAL COURT, XIII.  REMEDIES FOLLOWING RULING ON PEN C §995 MOTION, 1.  Pretrial Petition for Writ of Prohibition, 2.  Pretrial Petition for Writ of Habeas Corpus, 3.  No Defense Right to Pretrial Appeal of Pen C §995 Ruling; Preserving Issue for Posttrial Appeal, III.  CHECKLIST: MINIMIZING PREJUDICIAL PUBLICITY, IV.  ETHICAL GUIDELINES FOR LAWYERS: CAL RULES OF PROF COND 3.6, C.  Prosecution Relations With the Media, C.  Publication of Identity of Sexual Assault Victims, D.  Extended Coverage Provisions (Recording and Broadcasting), E.  Sealing Court Records and Restricted Access, VII.  ACCESS AND RIGHT TO PUBLIC HEARINGS, AND RIGHT TO CLOSE THEM, A.  Criminal Proceedings That Are Presumptively Open, B.  Parties’ Right to Public Hearings, D.  Defense Right to Close Suppression Hearing, A.  Pretrial and Trial Publicity Orders (Protective, Restraining, or “Gag” Orders), III.  VENUE AND JURISDICTION DISTINGUISHED, IV.  CHANGE OF VENUE MOTION BASED ON FAIR AND IMPARTIAL TRIAL REQUIREMENT, A.  Legal Standard for Change of Venue Because No Fair and Impartial Trial Can Be Had, b.  First Factor: Nature and Gravity of Offense, c.  Second Factor: Nature and Extent of News Coverage, d.  Third Factor: Size and Characteristics of Community, e.  Fourth Factor: Status of Defendant in Community, f.  Fifth Factor: Status of Victim in Community, 3.  Additional Factors Considered by Court, B.  Proceedings in Trial Court on Motion, (2)  Defense Use of Public Opinion Surveys, 2.  Timing of Bringing Change of Venue Motion, 3.  Format and Filing of Change of Venue Motion, 6.  Nature of Hearing on Change of Venue Motion, 7.  Further Actions if Pretrial Motion Is Denied, d.  Exhaustion of Peremptory Challenges, e.  Seeking Additional Peremptory Challenges, C.  Proceedings After Change of Venue Motion Is Granted, 1.  Notifying Administrative Director of Courts, 3.  Procedures if Case Is Moved to Another County, 4.  Procedures if Jury Is Chosen in Another Venue to Sit in Original County, 6.  Motion for Return of Action to Original Place of Trial, B.  Parties’ and Court’s Convenience, A.  Pretrial Review of Trial Court Ruling, 2.  Pretrial Standards of Review and Reversibility, B.  Review of Trial Court Ruling on Appeal, 1.  Actions Necessary to Preserve Issue on Appeal, 2.  Showing Required for Reversal on Appeal, VII.  CHART: CALIFORNIA APPELLATE DECISIONS AFTER MAINE V SUPERIOR COURT, VIII.  CHECKLIST: ALTERNATIVES TO CHANGE OF VENUE, II.  RECOGNIZING WHEN A SUPPRESSION MOTION IS AVAILABLE, B.  Legitimate Expectation of Privacy Is Prerequisite to Fourth Amendment Claim, C.  The California Electronic Communications Privacy Act, D.  Motion Generally Not Available to Suppress Statements, E.  Defendants Subject to “Search Conditions”, F.  Motion to Suppress in Connection With Charge of Resisting Arrest, 2.  Controverting (or Traversing) Warrant (Franks Motion), 3.  Obtaining Information About Informant (Luttenberger Motion), VI.  APPLICATION OF FEDERAL SEARCH AND SEIZURE LAW IN CALIFORNIA, B.  Search Incident to Unlawful Arrest: Interplay Between Federal and State Law, A.  Burdens of Proof and of Going Forward, B.  Evidentiary Rules and Production of Evidence, IX.  REVIEW OF PEN C §1538.5 RULING IN MISDEMEANOR CASES, X.  DEFENSE OPTIONS WHEN PEN C §1538.5 MOTION IS DENIED AT PRELIMINARY EXAMINATION, B.  Penal Code §995 Motion Compared With Pen C §1538.5 Motion After Preliminary Examination, XI.  PROSECUTION OPTIONS WHEN MOTION IS GRANTED AT PRELIMINARY EXAMINATION, A.  Case Dismissed Following Successful Defense Pen C §1538.5 Motion at Preliminary Examination, B.  Motion Granted but Defendant Held to Answer, C.  Motion Denied but Magistrate Ruled Against Prosecution on Issue, D.  Motion to Reinstate Complaint (Pen C §871.5), E.  Motion for De Novo Special Hearing (Pen C §1538.5(j)), XII.  APPELLATE REVIEW OF RULINGS IN FELONY CASES, 1.  Dismissal Following Special Hearing, 2.  Motion Granted but No Dismissal Following Special Hearing, A.  Defendant’s Right to Seek Discovery, C.  Facts in Case That Alert Counsel to Need for Motion, D.  Format, Service, and Filing Requirements, E.  Making the Required Showing; Supporting Memorandum, G.  Relationship to Pen C §1538.5 Motion, IV.  PROSECUTION MOTION TO DENY, RESTRICT, OR DEFER, V.  PROSECUTION RESPONSE TO DEFENSE MOTION, A.  Prosecutor’s Three Main Lines of Argument, B.  Arguing That Informant’s Identity Need Not Be Disclosed, VI.  IN-CUSTODY INFORMANTS TESTIFYING AS WITNESSES, A.  First Hearing: Defense Must Show Materiality, C.  Third Hearing; Resolution of Claim of Privilege, D.  Hearing on Requirement That Informant’s Present Location Be Revealed (Eleazer Hearing), VIII.  PROSECUTION’S REFUSAL TO DISCLOSE IDENTITY OF INFORMANT WHEN ORDERED ALMOST ALWAYS REQUIRES ADVERSE FINDING, AND OFTEN DISMISSAL OR REDUCTION OF CHARGES, IX.  APPELLATE REVIEW OF ORDER CONCERNING INFORMANT, D.  Form, Service, and Filing of Pretrial Motions, 4.  Effect of Appointment on Confidentiality, 5.  Appointment of Experts in Capital Cases, H.  Murgia Motion: Dismissal Based on Discriminatory Prosecution, 4.  Burden of Proof and Evidentiary Hearing, J.  Vindictive (Retaliatory) Prosecution, 1.  Federal and State Constitutions Apply, D.  Tactical Considerations in Bringing Motion to Dismiss, E.  Evidence to Prove Speedy Trial or Due Process Violation, 1.  Rules of Evidence Apply But Subject to Greater Flexibility, 1.  Determining Applicable Statute of Limitations, 2.  Burden of Showing Prosecution Is Not Barred by Statute of Limitations; Pleading Requirements, 3.  Raising Issue of Failure to Comply With Statute of Limitations; Waiver, 1.  Time Limits; Remedy for Failure to Comply With Pen C §859b, 2.  Release of Defendant When Good Cause for Continuance Shown Under Pen C §859b, D.  Filing of Information After Preliminary Hearing, 1.  Statutory Deadlines for Trials in Felony Cases, 2.  Statutory Deadlines for Trials in Misdemeanor Cases, 3.  Statutory Deadlines When New Trial Is Granted, 5.  Defendant Requests or Consents to Trial Date Beyond 60 Days, 6.  Limited Time Waiver and 10-Day “Trailing Period”, 7.  Other Exceptions to Statutory Time Limits, 8.  Effect on Speedy Trial Deadlines of Amending Charging Document, 9.  When Trial Begins in Relation to Statutory Speedy Trial Claims, 10.  Motion to Dismiss Because of Failure to Bring Case to Trial Within Pen C §1382 Deadlines; Waiver, F.  California Prisoner Serving State Time, With Another State Case Pending, G.  Federal Prisoner in California With California State Case Pending, H.  Out-of-State Prisoner With California Detainer, V.  WHEN SPEEDY TRIAL ISSUES SHOULD BE RAISED, 1.  Review of Motions to Dismiss Before Judgment and After Trial, 2.  Review of Motions to Dismiss in Misdemeanor Cases, 3.  Review of Motions to Dismiss in Felony Cases Following Guilty Plea, 4.  Review of Preliminary Hearing Speedy Trial Issues, III.  TIME, FORM, AND SERVICE OF MOTION, A.  Timeliness; Written and Oral Motions, B.  Service on Parties; Notice to Witnesses, A.  Continuance to Secure Counsel; Defendant’s Financial Statement, 1.  Particular and Obtainable Witness; Witness Available Within Reasonable Time, 2.  Material or Necessary Testimony; Testimony Not Cumulative, D.  Incapacity of Defendant, Counsel, or Judge; Defendant’s Failure to Appear, E.  Other Court Commitments; Legislative Commitments, L.  Testimony of Defendant or Defense Witness, N.  Request for Continuance During Trial, O.  Request for Continuance at Sentencing, P.  Cases Involving Sex Offenses and Cases Involving Minor Victims or Witnesses, Q.  Convenience of Parties; Stipulations, VIII.  EFFECT OF CONTINUANCE ON DEFENDANT’S CUSTODY STATUS, A.  Who Can Be Disqualified; Effect of Disqualification Under CCP §170.6, B.  Who May Exercise Challenge; Grounds, 1.  One Motion for Each Side; Codefendants With Adverse Interests, D.  Form, Notice, Content, and Proof of Motion, 1.  Form and Notice of Oral and Written Motions, 2.  Content of Motion; No Proof Required, 2.  Trier of Fact Must Not Have Determined Contested Issue of Fact, a.  Examples: When Judge May Be Challenged Following Particular Judicial Determination, b.  Examples: When Judge May Not Be Challenged Following Particular Judicial Determination, 3.  Determining Timeliness Under Different Calendaring Systems, a.  Rule When Case Assigned From Master Calendar, b.  Rule When Case Assigned to Judge for All Purposes, c.  Rule When Case Neither Assigned From Master Calendar Nor Assigned to Judge for All Purposes (10-Day/5-Day Rule), F.  Availability of Motion in Case Involving Plea Bargain, G.  Availability of Motion in Supplemental Proceedings, H.  Availability of Motion in Retrial Following Reversal, I.  Availability of Motion in Juvenile and Civil Proceedings, J.  Stating Peremptory Challenge in Court (Attorney), 3.  Discovering Information About Judges, 4.  Judge’s View of Peremptory Challenge (CCP §170.6), 5.  Defense Considerations in Cases Involving Multiple Defendants, A.  Who Can Be Disqualified; Grounds; Exceptions, B.  Statement of Disqualification (Challenge for Cause), C.  Possible Responses by Judge Being Challenged, D.  Powers of Judge Either Disqualified or Being Challenged, E.  Procedure After Challenge for Cause and Any Response Filed, F.  Waiving Disqualification; Exceptions, V.  DISQUALIFICATION UNDER DUE PROCESS CLAUSE, 4.  What Defense Counsel Should Do at Lineup, a.  Theory of Representation at Lineups; What to Bring, (2)  Procedure if Counsel Will Be Late in Arriving, (4)  Client’s Refusal to Participate in Lineup, (5)  Defense Counsel’s Actions to Help Ensure Fair Lineup, d.  Defense Counsel’s Activities During Lineup, e.  Defense Counsel’s Activities After Lineup, E.  Identification Secured or Improved Through Hypnosis, IV.  CHALLENGING EYEWITNESS IDENTIFICATION, A.  Summary of Defense Counsel’s Remedies for Failure to Hold Lineup or for Tainted Identification Proceeding, 2.  Interviewing and Investigating Witnesses, C.  Challenging Eyewitness Identification at Preliminary Hearing, E.  Challenging Eyewitness Identification Before Trier of Fact, 1.  Lineup Held but Defendant Not Identified, 2.  Client Identified at Lineup; Procedure Held Lawful, c.  Cross-Examination of Identification Witness, V.  PROSECUTION PRESENTATION OF EYEWITNESS IDENTIFICATION, VI.  PROSECUTION PRESENTATION OF VICTIM PHOTOGRAPHS, III.  CONFESSIONS AND ADMISSIONS: DEFINITIONS AND DIFFERENCES, IV.  HOW DEFENSE COUNSEL CAN PREVENT STATEMENTS BY DEFENDANT, V.  SPOTTING ISSUES CONCERNING DEFENDANT’S STATEMENT, VI.  ISSUES REGARDING THE INTRODUCTION OF STATEMENTS, VII.  PROCEDURES REGARDING THE EXCLUSION OF STATEMENTS, A.  Statements Related to Fourth Amendment Issues, 1.  Statements Resulting From Fourth Amendment Violations Must Be Raised by Pen C §1538.5 Motion, 2.  Burden to Be Satisfied in Pen C §1538.5 Motion Concerning Statement, B.  Statements Not Involving Fourth Amendment Issues, 1.  Procedures for Raising Statement Errors Not Involving Fourth Amendment Issues, 2.  Tactical Considerations in Choosing Appropriate Procedural Vehicle, 3.  Burden of Proof for Voluntariness and Miranda Issues, 4.  Burden of Proof for Sixth Amendment Issues, C.  Calling Defendant as Witness at Common Law Suppression Hearing or at Pen C §1538.5 Hearing Challenging Statement, C.  Requirement That Questioning Be by Police Officer or Agent, D.  Requirement That Suspect Be in Police Custody, E.  Sufficiency and Form of Advice of Rights, G.  Sufficiency of Waiver; Capacity to Waive, H.  Effect of Request for Counsel Versus Invocation of Right to Remain Silent; Difference Between Fifth and Sixth Amendment Right to Counsel, I.  Multiple Interrogations and Admonitions, J.  Exceptions to Miranda Requirement: Rescue, Public Safety, and Officer Safety Doctrines, K.  Interrogating Police Officers and Other Public Employees, M.  Application of Miranda to Juveniles, N.  Application of “Fruit of the Poisonous Tree” Doctrine: Subsequent Statement, O.  Application of “Fruit of the Poisonous Tree” Doctrine: Physical Evidence, A.  Involuntary Statements Obtained by Police Are Inadmissible, X.  CHALLENGING CODEFENDANT’S STATEMENT, 1.  Defendant May Challenge Voluntariness of Third Party’s Statement, 2.  Defendant May Not Raise Violation of Another’s Miranda Rights, A.  Providing Defendant’s Statement to Prosecution, C.  Effect of Statements Provided by Counsel During Plea Negotiations, A.  Corpus Delicti Need Not Be Proved Before Statement Can Be Introduced, B.  Corpus Delicti Requirements for Homicides, Similars, Conspiracies, XIII.  EFFECT OF DELAY IN ARRAIGNMENT ON ADMISSIBILITY OF STATEMENT, XIV.  SCOPE OF THE SIXTH AMENDMENT RIGHT TO COUNSEL, B.  Statement Obtained in Violation of Miranda, C.  Statement Excluded Because of Fourth Amendment Error, D.  Statement Excluded Because of Sixth Amendment Error, E.  Prosecution Bound by Defendant’s Statement (Toledo Doctrine), F.  Counsel Opens Door to Admission of Otherwise Inadmissible Statement, G.  Defendant’s Right Not to Take Stand and Not to Testify; Griffin Error, XVI.  PROSECUTORS’ ETHICAL DUTIES CONCERNING REPRESENTED DEFENDANTS, XVII.  ENSURING COMPLIANCE WITH EXCLUSION ORDERS, XVIII.  REQUESTING JURY INSTRUCTIONS CONCERNING STATEMENTS, III.  USING PRIOR TO ELEVATE STATUS OF CRIME OR TO ENHANCE SENTENCE, A.  What Qualifies as Prior in Charging and Sentencing, 1.  When Prior Occurred; Effect of Appeal, Pronouncement of Judgment, Pen C §654, and Expungement, 4.  No Jeopardy Attaches to Earlier Rulings on Priors; Pen C §654; Collateral Estoppel; Res Judicata, B.  How Priors May Be Used to Elevate Crime or Enhance Sentence, 1.  Using Priors in New Misdemeanor Prosecutions, b.  Mandatory Minimum Jail or Prison Sentences, c.  Drunk Driving Cases: License Restrictions; Notice to Convicting Court of New Case, d.  Elevation of Infraction to Misdemeanor; Diversion, 2.  Using Priors in New Felony Prosecutions, a.  Priors That Make Innocent Acts Into Crimes, b.  Elevation of Misdemeanors to Felonies, c.  Elevation of Wobblers to Straight Felonies, f.  Selecting Prison Term; Consecutive or Concurrent Sentence; Death Penalty, 1.  Chart: When Priors Must Be Pleaded and Proved or Admitted in Felony Cases, 4.  Amending Pleading to Add Charge of Prior, 1.  Speedy Trial Rules; Court or Jury Trial, a.  When Priors That Must Be Proved to Jury Can and Cannot Be Tried Separately From Current Offense; Conditional Bifurcation, b.  Chart: Bifurcation of Proof of Prior Convictions [Deleted], 1.  Differences Between Challenging Constitutionality and Other Challenges to Use of Prior Conviction, 2.  Challenging Truth or Use of Prior Conviction, 3.  Challenging Constitutionality of Prior Conviction, a.  Grounds for Challenging Constitutionality of Prior, (2)  Boykin-Tahl Challenges to Prior Convictions Based on Guilty Pleas, (a)  Boykin-Tahl Advisements Required for Both Felony and Misdemeanor Pleas, (b)  Alleging Denial of Boykin-Tahl Rights Sufficient to Challenge Allegation of Prior Conviction, (3)  Other Constitutional Challenges to Convictions Based on Guilty Pleas, (4)  Challenges to Prior Convictions Based on Ineffective Assistance of Counsel, b.  Procedures for Challenging Constitutionality of Prior, (2)  Procedure for Motion to Strike Prior in Court in Which Current Case Charging Prior Is Pending, (3)  Procedure Concerning Writ of Coram Nobis or Habeas Corpus in Rendering Court, (4)  Challenging Plea to Prior (Yurko Error), G.  Effect of Finding Prior Conviction Invalid or Unconstitutional, 2.  Rendering Court Finds Prior Invalid, H.  Court’s Authority to Strike Prior Conviction Under Pen C §1385, I.  Review of Dismissal of Prior-Conviction Allegation, IV.  PROCEDURES CONCERNING PRIORS UNDER VEH C §§14601, 14601.1, 14601.2, 23103, 23152–23153, V.  USE OF PRIOR CONVICTIONS TO IMPEACH WITNESS, A.  Rules on Admitting Prior Convictions to Impeach, B.  Which Priors Involve Moral Turpitude, C.  Trial Court Must Exercise Discretion Under Evid C §352 in Determining Admissibility of Priors to Impeach, D.  Procedures for Impeaching Witness With Prior and for Challenging Admission of Priors to Impeach, 2.  Stating Objection to Use of Prior to Impeach Witness, 4.  Reviewing Impeachment With Prior on Appeal, VI.  USE OF EVIDENCE OF UNCHARGED MISCONDUCT (“OTHER BAD ACTS”), 1.  To Prove Disputed Fact Other Than Defendant’s Propensity to Commit Such Acts, B.  Introducing Evidence of Other Crimes, C.  Procedure for Challenging Evidence of Other Crimes, A.  Discharge for Failure to Initiate Prosecution, B.  Discharge for Defendant to Testify for Prosecution or Defense, VI.  DISMISSAL IN THE INTERESTS OF JUSTICE (PEN C §1385), 1.  Motion by Prosecutor or Court, Not Defendant, 4.  Motion May Be Made in Jury’s Presence, 5.  Statement of Reasons and Entry in Disposition Report, B.  All or Part of Case May Be Dismissed, C.  Court’s Discretion Under Pen C §1385, E.  Appropriate Grounds for Pen C §1385 Dismissal, F.  Improper Grounds for §1385 Dismissal, A.  Diversion (Pen C §§1000–1001.82), C.  Successful Completion of Drug Treatment Probation (Pen C §1210.1), 2.  Defendant Sentenced and Imprisoned on Another Charge, a.  State Imprisonment (Pen C §§1203.2a, 1381), b.  Federal and Out-of-State Imprisonment (Pen C §§1381.5, 1389), G.  Nonfelony Vehicle Code Violations Pending When Sentenced to State Prison or Committed to Youth Authority, H.  Action Against Registered Vehicle Owner After Vehicle Sold (Veh C §§5602(a)–(b), 40210(b)), J.  Preliminary Hearing Not Completed in Single Session, K.  No Probable Cause to Believe Public Offense Has Been Committed, 1.  Dismissal of Felony Complaint at Preliminary Hearing (Pen C §871), 2.  Dismissal of Misdemeanor Complaint (Pen C §991), L.  Prosecution of Adult Who Committed Crime When Juvenile, O.  Prosecution Failure to Disclose Material Information, 1.  Refusal to Disclose Informant’s Identity, P.  Material Witness Unavailable Because of State Action, S.  Finding That Capital Defendant Is Intellectually Disabled, IX.  DISMISSAL AS BAR TO FURTHER PROSECUTION, C.  Statutory Dismissals for Misdemeanors, D.  Statutory Dismissals and Exceptions for Felonies, E.  Additional Reasons for Allowing Refiling of Violent Felonies, F.  Recharge After Dismissal Under Pen C §17(b)(5), A.  Dismissal Under Pen C §1385 and Other Dismissal Statutes, A.  Differences Between Guilty and No Contest Pleas, B.  Competence to Enter Guilty or No Contest Plea, D.  Requirements on Plea of Guilty or No Contest, 1.  Summary of Requirements; Standard on Review, 2.  Constitutional Rights That Must Be Included in Advisement and Waiver, 3.  Discussion of Constitutional Rights, 4.  Factual Basis for Plea in Felony Cases, 5.  Plea Must Be Knowing, Intelligent, and Voluntary, 6.  Advisement of Direct Consequences of Plea of Guilty or No Contest, 7.  Checklist: Most Common Direct Consequences of Which Defendant Must Be Advised, 8.  Checklist: Miscellaneous Requirements Concerning Plea of Guilty or No Contest, E.  Effect of Guilty and No Contest Pleas on Right to Appeal, F.  Submitting Case on Transcript From Preliminary Hearing or on Police Report (“Slow Plea”), G.  Pleading Guilty Before Holding Order, H.  Withdrawing Guilty or No Contest Plea, I.  Admissibility of Guilty or No Contest Plea in Related Civil Case, VIII.  ONCE IN JEOPARDY PLEA (DOUBLE JEOPARDY), C.  Jeopardy Concerning Greater and Lesser Offenses, D.  What Does Not Constitute Violation of Double Jeopardy, IX.  RES JUDICATA AND COLLATERAL ESTOPPEL, A.  Definitions of Res Judicata and Collateral Estoppel, B.  Raising Defense of Res Judicata or Collateral Estoppel by Demurrer or Plea, C.  Requirements for Collateral Estoppel, D.  Collateral Estoppel Between Criminal and Civil Trials; Effect of Finding at Probation Revocation Hearing, E.  Collateral Estoppel Between Criminal Trials and Administrative Agency Proceedings, X.  PLEA OF FORMER CONVICTION OR FORMER ACQUITTAL, XII.  CASE SETTLEMENT (PLEA BARGAINING), A.  Terminology Surrounding Plea Bargaining, 1.  Felonies Specified in Pen C §1192.7(a), D.  Evidence of Failed Plea Bargain May Be Admissible at Trial, E.  Defense Considerations in Plea Bargaining, 2.  Strategies to Improve Defendant’s Plea Bargaining and Sentencing Options; Alternatives to Jail, 3.  Presenting Plea Bargain to Defendant, 4.  Options When Defendant Does Not Admit Guilt, F.  Prosecution Considerations in Plea Bargaining, H.  Limits on Judge’s Role in Plea Bargaining, I.  “Indicated Sentence” Does Not Require Prosecution’s Consent, K.  When Judge Fails to Approve Plea Bargain, L.  Result When Defendant Fails to Appear for Sentencing on Plea Bargain, M.  Remedies for Breach of Plea Bargain, N.  Remedy for IAC That Resulted in Rejection of Offered Plea Bargain, 2.  When to Request Pretrial Diversion; Bringing Motions Before Diversion Accepted, 3.  Initial Determination by Prosecutor, 5.  Challenging Denial of Pretrial Diversion, C.  Diversion for Persons With Cognitive Developmental Disabilities, D.  Diversion for Persons With Mental Disorders, I.  Civil Compromise Agreements and Alternatives for Merchant Victims, J.  AIDS Prevention Programs in Drug Abuse and Prostitution Cases [Deleted], V.  POSTCONVICTION DRUG TREATMENT UNDER PROPOSITION 36, B.  Checklist: Reasons for Requesting Preplea Probation Report, VII.  USE OF STATEMENTS MADE BY DEFENDANT DURING PRETRIAL DIVERSION, DEFERRED ENTRY OF JUDGMENT, OR PROBATION OFFICER’S INVESTIGATION, A.  Checklist: Matters on Which Right to Jury Trial Exists in Criminal Cases, B.  Checklist: Matters on Which No Right to Jury Trial Exists in Criminal Cases, B.  Defendant’s Capacity to Waive Jury Trial, G.  Renewal of Waiver After Pleadings Amended, H.  Consent of Prosecutor and Defense Counsel, I.  Judge’s Concurrence Not Required for Jury Trial Waiver, K.  Waiver of Jury Trial on Special Circumstances Allegation in Capital Cases, L.  Waiver of Jury Trial on Enhancements and Prior Convictions, M.  Waiver of Jury at Sanity Phase of Trial, N.  Court Trials Involving Submission on Less Than All Evidence; Slow Plea of Guilty, 1.  Description of Shortened Court Trial and of Slow Plea of Guilty, 2.  Waiver Required for Slow Plea of Guilty, 3.  Appellate Standards When Considering Advice and Waiver on Slow Plea, 2.  Checklist: Defense Reasons for Waiving Jury, b.  Court Trial Used as Mitigation Hearing, VI.  CHOICE OF JUDGE IN COURT TRIAL; USING REFEREE OR COMMISSIONER, A.  Types of Evidence That May Be Presented, 3.  Exemption or Excuse From Jury Service, 4.  Vicinage Right Does Not Limit Jurors to Residents of County Where Crime Occurred, 3.  Representative Cross-Section Challenge, a.  Right to Jury Panel That Represents Cross Section of Community, 4.  Hearing on Motion Challenging Panel, B.  Selection of Prospective Jurors From Master List, D.  Order of Questioning and Challenges, E.  Areas of Examination Concerning Challenges, F.  Attorney’s Right to Examine Jurors; Jury Questionnaires, H.  Discovery of Juror Information by Defense and Prosecution, I.  Discovery of Juror Information Using the Internet, V.  CHALLENGING INDIVIDUAL JURORS FOR CAUSE, A.  No Limit on Number of Challenges for Cause, C.  Trial of Challenge to Individual Juror for Cause, D.  Preserving Right to Review of Trial Court’s Ruling on Challenge for Cause, C.  Questioning in Aid of Peremptory Challenges, D.  Limitations on Use of Peremptory Challenges Under People v Wheeler and Batson v Kentucky, 1.  Systematic Exclusion of Jurors Because of Membership in “Cognizable Group” Prohibited, 2.  Procedural Aspects of Batson-Wheeler Motion, d.  Trial Court’s Determination of Motive, 3.  Successful Motion Requires New Panel Absent Waiver or Consent, 1.  Persuasive Communication During Voir Dire, b.  Juror Dynamics During Deliberations, 4.  Criminal Defense Jury Selection Techniques, b.  Get Prospective Jurors to Talk During Voir Dire, c.  Encourage Disclosure With Your Words, e.  Use Voir Dire as Opportunity to Educate and Desensitize Prospective Jurors, g.  Maximize Jurors’ Favorable Perception of Your Client, h.  Follow Up on Disclosures That Reveal Experiences That Could Affect Decision Making, 5.  Tips for Jury Selection by Prosecution, 6.  Reading Prospective Juror’s Body Language, B.  Reading Reports and Files of Present and Related Cases, C.  Visiting Crime Scene and Viewing Physical Evidence, F.  Examining and Testing Physical Evidence; Further Investigation, 1.  Reasons for Using Demonstrative Evidence, 2.  Selecting and Creating Demonstrative Evidence, H.  Preparing Motions and Trial Briefs; Trial Notebook, J.  Using Jury Instructions to Prepare Case, A.  Deciding What Type of Jurors Are Needed, H.  Deciding Whether Defendant Should Testify, II.  DEADLINES IMPOSED BY LOCAL RULES AND PRACTICE, IV.  GENERAL CONSIDERATIONS FOR TRIAL MOTION PRACTICE, B.  Deciding Whether Motion Should Be Written or Oral, C.  Hearings on Trial Motions Should Be Reported, 1.  Advantages of Settling Important Evidentiary Issues Before Trial Begins, 3.  Examples of Evidentiary Issues Commonly Handled in Limine, c.  New or Novel Scientific Techniques (Kelly Test), (2)  Kelly Applies Only to New or Novel Procedure, (1)  Grounds for Challenging Expert Testimony, (2)  Kelly Rule Does Not Usually Apply to Expert Testimony, (1)  Trial Motions to Exclude Admissions and Confessions, (2)  Corpus Delicti Rule as Basis for Exclusion of Evidence Eliminated, (1)  When Prior Sworn Testimony May Be Admitted, (2)  Procedure for Introducing Prior Testimony, B.  Stipulations to Admission of Evidence, C.  Objecting to Evidence When It Is Introduced; Objections Must Be Specific and Timely, D.  Introducing and Opposing Introduction of Exhibits and Demonstrative Evidence, 1.  Marking Exhibits for Identification, 2.  Exhibit May Be Used Solely for Illustration or Admitted Into Evidence, B.  Sanctions for Failing to Comply With Discovery, C.  Jury Issues: Oral and Written Motions, 2.  Communication Between Judge and Jurors, a.  Grounds for Discharging Juror and Seating Alternate, b.  Hearing on Whether to Discharge Juror, d.  Declaring Mistrial When There Are No Alternates, D.  Control in Courtroom and Courthouse, 2.  Restraining Defendant or Defense Witnesses; Removing Defendant From Courtroom, 3.  Security Measures Other Than Restraint of Defendant, E.  Orders Concerning In-Custody Defendant’s Appearance and Needs, F.  Judgment of Acquittal Under Pen C §§1118, 1118.1, VII.  APPELLATE REVIEW OF TRIAL MOTIONS, 1.  Trial Court Must Instruct on General Principles of Law Relevant to Case, 2.  Trial Court Must Instruct on Presumption of Innocence and Reasonable Doubt, 3.  Limits on Trial Court’s Duty to Instruct Sua Sponte, 4.  Examples of Other Instructions Required in Every Case, 5.  Examples of Instructions Required When Appropriate, 6.  Sua Sponte Instructions on Lesser Included Offenses, a.  Court’s Sua Sponte Duty to Instruct on Lessers, b.  Determining Whether Offense Is Lesser Included Offense, c.  Waiving Statute of Limitations as Defense to Lesser, d.  Instruction on Lesser Must Be Given Over Defense Objection, 7.  Sua Sponte Instructions on Defenses, a.  Court’s Sua Sponte Duty to Instruct on Defenses, c.  Distinguishing Between Lessers and Defenses, B.  Instructions That Must Be Requested, 1.  General Requirements for Requested Instructions, 3.  Instructions Commonly Requested by Defense, b.  Clarifying or Amplifying Instructions, 4.  Instructions Commonly Requested by Prosecution, 1.  Description and Recommendation for Use, 2.  Modification May Be Required for CALCRIM Instruction to Fit Facts of Case, 3.  Checklist: Commonly Requested CALCRIM Instructions, IV.  PREPARING AND SUBMITTING INSTRUCTIONS, B.  Drafting Instructions on Elements of the Crime, C.  Time to Prepare and Submit Instructions, 2.  Instruction Is Unsupported by Evidence, 4.  Instruction Lightens Prosecution’s Burden of Proof, 5.  Instruction Mischaracterizes Defense Burden, B.  Preserving Instructional Issues for Appeal, C.  Jury’s Request for Supplemental Instructions, D.  Instruction When Alternate Juror Substituted, III.  JUDGE’S DIRECTIONS TO JURORS ON HOW TO CONDUCT THEIR DELIBERATIONS, V.  TIME AND PLACE OF DELIBERATIONS; ADMONISHING JURORS NOT TO DISCUSS CASE, VI.  ALTERNATES EXCLUDED; DELIBERATIONS BEGIN ANEW IF ALTERNATE SEATED, B.  Papers, Notes, Exhibits, and Pleadings, C.  Clothing, Photographs, Tape Recordings, Records, and Books, D.  Transcripts of Court Proceedings and Instructions, IX.  QUESTIONS AND REQUESTS DURING DELIBERATIONS, A.  Procedure for Answering Jurors’ Questions and Requests, B.  Objecting to Improper Communication Between Judge or Bailiff and Jury, D.  Jury’s Request for Clarification of Law, E.  Jury’s Request to View Scene or Object Outside Courtroom, F.  Jury’s Consideration of Greater, Lesser, and Alternate Offenses, X.  REQUEST BY COUNSEL TO REOPEN EVIDENCE OR ARGUMENT, XI.  PROCEDURE FOR DETERMINING WHETHER TO EXCUSE JUROR, 1.  Checklist: Common Types of Juror Misconduct, C.  When Hearing Is Required to Determine Whether to Excuse Juror, D.  Conduct of Hearing to Determine Whether to Excuse Juror; Court’s Ruling, A.  Reasons for Terminating Deliberations, B.  Determining Whether Jurors Are Unable to Reach Verdict; Declaring Mistrial, E.  Jury’s Verdict on Special Allegations and Prior Convictions, C.  Trial Ends When Verdict Is Complete or Jury Is Discharged, D.  Finding on Degree of Offense; Failure to Find Degree; Reconsideration of Verdict, E.  Failure to Make Finding on Enhancement, XVII.  EFFECT OF MISTRIAL DECLARED DURING DELIBERATIONS, XVIII.  POSTTRIAL INTERROGATION OF JURORS, 4.  Prosecutorial Misconduct; Errors by Other Prosecution Agencies, 1.  Application by Defendant; Appointment of Counsel; Time for Application, 2.  Form and Content of Application; Right to Transcript to Support Motion, 1.  Proper Judge to Hear Motion; Discretionary Ruling, IV.  MOTION TO MODIFY VERDICT TO LESSER OFFENSE OR LESSER DEGREE, V.  MOTION TO STRIKE ENHANCEMENTS OR SPECIAL FINDINGS, VII.  JUDGMENT NOTWITHSTANDING THE VERDICT (JNOV), 5.  Defendant Convicted of Driving Under Influence, 6.  Defendant Placed in Diagnostic Facility (Felony Cases), D.  Recall of Sentence; Correction of Judgment, E.  Recall, Resentencing, and Redesignation: Proposition 47, 2.  Petitions for Resentencing: Defendants Currently Serving Sentence, 3.  Applications for Redesignation to Misdemeanor: Defendants With Completed Sentences, 5.  Theft Offenses Falling Outside Ambit of Proposition 47, 6.  Remaining Collateral Consequences of Previous Felony Convictions Despite Redesignation to Misdemeanor, IV.  AUTHORITY OF SUCCESSOR JUDGE; ARBUCKLE, B.  When Judgment Can Be Rendered in Defendant’s Absence, VII.  HEARING ON PRONOUNCEMENT OF JUDGMENT, B.  Nature of Sentencing Hearing; Matters That Court May Consider at Hearing, C.  Defendant’s Right to Confrontation, D.  Sentencing Entrapment/Sentencing Manipulation, D.  Period of Parole or Postrelease Supervision, XI.  ALTERNATIVES IN CONTROLLED SUBSTANCE CASES, A.  Commitment to California Rehabilitation Center (CRC), XII.  CORRECTING ERRORS IN PRONOUNCING JUDGMENT, A.  Clerical and Judicial Error Distinguished, D.  Correcting Oral Pronouncement of Sentence, E.  Vacating or Correcting Void Sentence, III.  TIME OF SENTENCING; RIGHT TO COUNSEL, V.  WHO CAN SENTENCE IN MISDEMEANOR CASES; COURT’S DISCRETION IN SENTENCING, A.  Suspending Execution of Sentence; Suspending Imposition of Sentence, B.  Judgment of Imprisonment, Fine, or Both, 1.  Maximum Term; Good Time and Work Time, 2.  Custody and Custody Credits On Reclassification Under Proposition 47 (Pen C § 1170.18), E.  Judgment of Imprisonment to Satisfy Fine, A.  Infraction Violations of Vehicle Code, B.  Misdemeanor Violations of Vehicle Code, C.  Imprisonment to Satisfy Vehicle Code Fine, IX.  CONCURRENT AND CONSECUTIVE SENTENCES, A.  Judgment Should Specify Whether Terms Are Concurrent or Consecutive, B.  Determining Sentences to Be Consecutive, II.  IMPORTANT FELONY SENTENCING ISSUES, IV.  DETERMINATE SENTENCING VERSUS INDETERMINATE SENTENCING, A.  Structure of Typical DSL Sentence: Two Formulas, 1.  Checklist: Sentencing Limitations [Deleted], B.  Formula One: Base Term Plus Conduct Enhancements Equals Principal Term, a.  Selecting One of Three Authorized Terms, b.  Statutory Limitations on Terms of Conduct Enhancements, C.  Formula Two: Principal Term Plus Subordinate Term(s) Plus Prior(s) Plus Pen C §12022.1 Equals Aggregate Term, 1.  Rules Applicable to Consecutive Sentences, a.  Description of Subordinate Term [Deleted], c.  Calculating Aggregate Term When Consecutive Sentences Imposed, (1)  One-Third of Middle Term for Crime Plus One-Third of Specific (Conduct) Enhancements, (2)  Old Law: No Enhancements to Nonviolent Subordinate Terms [Deleted], (3)  Old Law: Multiple Residential Burglaries, Residential Robberies, Residential Arsons, and Robberies With Use of Deadly Weapon (Former Pen C §1170.95) [Deleted], (a)  Multiple Kidnappings (Pen C §1170.1(b)), (c)  Witness Intimidation (Pen C §1170.15), (d)  Voluntary Manslaughter (Pen C §1170.16), (e)  Full-Term Consecutive Sentences for Forcible Sex Offenses, (i)  Optional Full-Term Consecutive Sentences (Same Victim, Same Occasion) (Pen C §667.6(c)), (ii)  Mandatory Full-Term Consecutive Sentences (Separate Victims or Separate Occasions) (Pen C §667.6(d)), (f)  Special Rules for Conduct Enhancements in Pen C §667.6 Cases, (g)  Special Rules for Crimes by State Prisoners and Escapees, (5)  Old Law: Subordinate Term Limits [Deleted], (6)  Limitations on Consecutive Terms for Cases Before 2001, b.  Pleading and Proving Prior Convictions and Prison Terms, (4)  Proof That Prior Constitutes Serious or Violent Felony, (a)  California Offenses That May Require Additional Proof to Qualify as Serious Felony Priors or Strike Priors, (2)  Determining Who Is Eligible for a Three Strikes Life Sentence, (3)  Determining Whether Prior Is a Strike, (5)  Consequences of One or More Strikes, (6)  Discretion to Strike: Romero and Williams, (7)  Eighth Amendment Considerations—“Cruel and Unusual”, e.  Other Alternative Sentencing Schemes, 3.  Penal Code §12022.1: Felony Committed While on Bail or Own Recognizance, D.  Multiple DSL and Combined DSL/ISL Terms, 1.  Multiple Cases That Result in Multiple DSL Terms (Including Misdemeanors), 2.  Combined Determinate (DSL) and Indeterminate (ISL) Terms, 3.  Multiple ISL Terms and Enhancements, 4.  Out-of-State and California DSL Terms, E.  Striking Charges and Enhancements Under Pen C §1385, F.  Striking Punishment for Certain Enhancements Under Former Pen C §1170.1(h) [Deleted], 2.  Penal Code §654: Limit on Acts or Omissions Made Punishable by Different Provisions, (1)  Acts of Violence With Separate Victims, d.  Sentencing Procedures When Pen C §654 Applies, H.  Sentencing Hearing, Sentencing Choices, and Statement of Reasons, I.  Chart: Persons Ineligible for Probation, B.  Credit for Time Spent in Presentence Custody, c.  Multiple Reasons for Presentence Custody, b.  Limitation on Credits for Violent Felonies, 3.  Applying Credits to Confinement Time and Fine, VIII.  JUVENILES PROSECUTED AS ADULTS [DELETED], IX.  CIVIL COMMITMENT OF NARCOTICS ADDICTS, X.  COMMITMENT AND TRANSFERS TO DIVISION OF JUVENILE JUSTICE (DJJ), A.  Defendants Eligible for DJJ Commitment, B.  When Defendant May or Must Be Referred to DJJ Diagnostic and Treatment Center Before Sentencing, C.  Stage of Proceedings When Actual Commitment to DJJ Occurs, F.  Housing Youthful State Prison Inmate at DJJ Facility; DJJ’s Power to Transfer Such Inmates to Other Institutions, H.  State Prison Commitment Instead of Discharge, XI.  PREGNANT AND PARENTING WOMEN’S ALTERNATIVE SENTENCING, B.  Criminal Justice Realignment Act of 2011: Split Sentences and Mandatory Supervision, C.  Rules Applicable to Nonviolent Drug Possession Offenses (Proposition 36), 5.  Violations of Proposition 36 Probation, IV.  PROBATION INVESTIGATION AND REPORT, B.  Court’s Discretion to Refer Cases to Probation After Plea or Trial, C.  When Supplemental Probation Report Is Required, D.  Purpose of Probation Report; Court’s Discretion to Reject Report’s Recommendation, 1.  In General; Hearsay; Suppressed Evidence, 4.  Facts Pertaining to Charges in Current Case, B.  Fine Paid by Defendant to State Restitution Fund, C.  Recovering From State Restitution Fund Through Victim Compensation Program, VII.  ATTORNEY PREPARATION FOR SENTENCING, A.  Waiving Presentence Investigation and Report, 1.  In General; Pen C §1203.03 Evaluation; Statement in Mitigation, 2.  Checklist: Preparing Defendant for Probation Interview, C.  Prosecution Preparation; Statement in Aggravation, VIII.  COURT PROCEDURES IN DECIDING WHETHER TO GRANT PROBATION, A.  Considerations in Granting Probation, C.  Form of Probationary Order; Papers Given Defendant, X.  MODIFICATION OR EARLY TERMINATION OF PROBATION, A.  General Rule for Determining Validity of Probation Conditions, B.  Sex Offender Registration Requirements, XII.  APPELLATE CHALLENGE TO CONDITIONS OF PROBATION, A.  Transfer of Supervision to Another County, B.  Revoking, Modifying, and Extending Probation, XV.  TERMINATING PROBATION AND IMPOSING PRISON SENTENCE, XVI.  PROFESSIONAL RESPONSIBILITY OF COURT, COUNSEL, AND PROBATION OFFICER, II.  WORK FURLOUGH, JOB TRAINING, AND SCHOOL FURLOUGH, V.  CHART: ALTERNATIVE SENTENCING BY COUNTY, B.  How the Sentencing Determination Affects Victim Restitution, C.  Victim Restitution May Be Based on Dismissed Counts, E.  When Amount of Victim Restitution May Be Determined, F.  Types of Losses for Which Restitution May Be Ordered, G.  Relation Between Victim Restitution and Fines, Penalties, and Assessments, D.  Victim Entitled to Full Restitution, E.  Defendant’s Obligation to Pay Restitution in Cases of Multiple Defendants, F.  Special Restitution Rules Pertaining to Minors and to Domestic Violence Cases, A.  Probation Department’s Responsibilities, B.  Restitution as a Condition of Probation, A.  Payment of Restitution Has Priority, C.  Requirement That Defendant Disclose Assets, D.  Procedures for Enforcing Restitution Order, 2.  Availability of Civil Enforcement Procedures, E.  State Agencies That May Provide Restitution, F.  Relation Between Restitution and Civil Liability, G.  Restitution Not Subject to Civil Suit and Not Dischargeable in Bankruptcy, III.  TRIAL COURT JURISDICTION WHILE CASE IS ON APPEAL, IV.  DUTIES OF TRIAL COUNSEL CONCERNING APPELLATE REVIEW, A.  Prosecution-Initiated Appellate Review, B.  Defense Counsel’s Obligations to Help Client Appeal, A.  Statutory Authority for County Payment to Appointed Counsel, VI.  RELIEF FROM THE CONSEQUENCES OF ARREST AND CONVICTION RECORDS, 2.  Juvenile Misdemeanor Arrest and Citation Records, 3.  Arrest Records Not Resulting in Conviction, 6.  Misdemeanor Convictions of Minors in Adult Court, 7.  Sealing or Expungement of Records After Successful Completion of Pen C §§1000–1000.65 or §§1000.8–1000.10 Program, 1.  Dismissal of Felony or Misdemeanor Charges After Probation (Pen C §1203.4) or After Completion of County Jail Felony Sentence (Pen C §1203.41), 2.  Dismissal of Infractions, and of Misdemeanor Charges When Probation Not Granted (Pen C §1203.4a), 3.  Dismissal After Completion of Treatment for Nonviolent Drug Possession Offense (Proposition 36), 4.  Reduction of Offenses Under Propositions 64, 47, and 36, E.  Commitments to Division of Juvenile Justice; Completion of Juvenile Parole, G.  Exclusion From Megan’s Law Website; Relief From Registration for Pen C §290 Registrants, H.  Certificate of Rehabilitation; Pardon; Commutation, 2.  Chart: Availability of Pardons and Certificates of Rehabilitation, I.  Expungement of DNA Profiles and Samples, VII.  RETENTION POLICIES FOR RECORDS OF THE COURT AND DEPARTMENT OF JUSTICE, VIII.  TABLE: EFFECT OF RELIEF FROM DISABILITIES, IX.  PETITION FOR WRIT OF ERROR CORAM NOBIS; MOTION TO VACATE JUDGMENT, A.  Comparison and Mechanics of Mandate and Prohibition; Statutes Providing for Writ Review, 1.  Identify the Parties and Beneficial Interest to Petitioner, 2.  Request for a Stay of Proceedings in Trial Court, 3.  Trial Court Has Acted Without or in Excess of Jurisdiction or Failed to Act as Prescribed by Law, 5.  No Plain, Speedy, and Adequate Remedy at Law, 7.  Why the Petition Was Not Filed in the Lower Court, 12.  Sufficient Record Must Accompany Writ Petition, F.  Procedure After Writ Petition Is Filed, 2.  Appellate Division of Superior Court, Courts of Appeal, and Supreme Court, J.  Procedures When Peremptory Writ May Issue in First Instance, L.  Appellate Remedies Following Grant or Denial of Writ of Mandate or Prohibition, M.  Res Judicata Effect of Denial of Petition for Writ of Mandate or Prohibition, A.  Nature and Function of Writ of Habeas Corpus, 1.  Purpose of Habeas; Statutory Authorities, B.  Outline of Petition for Writ of Habeas Corpus, 1.  Identity of the Petitioner and Location of Custody, 2.  Court Order Leading to Petitioner’s Restraint, 5.  No Plain Speedy and Adequate Remedy at Law, 8.  Exhaustion of Administrative Remedies, 12.  Supporting Memorandum and Exhibits, D.  Preparation, Filing, and Service of Return, E.  Preparation, Filing, and Service of Traverse, J.  Appellate Remedies Following Grant or Denial of Habeas Corpus Relief, K.  When Habeas Is Filed in Conjunction With Appeal, 1.  Appeal From Judgment; Certificate of Probable Cause Not Required, 2.  Appeal From Order After Judgment Affecting Defendant’s Substantial Rights, 3.  Order Denying Pen C §1538.5 Motion, B.  Appointment of Counsel on Appeal for Indigent Defendants, VI.  GENERAL RULES FOR TIME LIMITS AND EXTENSIONS OF TIME, D.  Preparing a Limited Normal Record in Certain Appeals, 1.  Appeal From a Pen C §1538.5 Ruling, 2.  Appeal From the Granting of Demurrer or Other Appealable Order, 3.  Appeal From Conditions of Probation, E.  Respondent’s Amendments (Corrections and Additions), F.  Corrected and Certified Statement on Appeal, G.  Transmittal of Record on Appeal to Appellate Division, VIII.  TRIAL COURT JURISDICTION DURING APPEAL, A.  Trial Court Loses Jurisdiction to Change Judgment, A.  Rules That Apply to Appellant and Respondent, 2.  Contents, Form, Filing, and Service of Briefs, XV.  CERTIFICATION AND TRANSFER FOR HEARING, C.  Effect of Reversing Judgment; New Trial, A.  Right to Counsel; No Right to Self-Representation, B.  Alternatives to Appeal; Steps to Take in Conjunction With Appeal, b.  After Guilty or Nolo Contendere Plea, c.  Effect on Waiver of Right to Appeal, 3.  Chart: Appealability After Guilty Plea, 3.  Preparation, Certification, and Transmittal of Record, 4.  Determining Whether Record Is Complete; Informal Notice of Incomplete Record, a.  What May Be Added Through Augmentation, c.  Application to Superior Court for Additional Record, 7.  Missing Record and Settled Statements, 9.  Request for Judicial Notice; Motion to Take Additional Evidence, 10.  Use of Writ of Habeas Corpus When Record on Appeal Is Inadequate, c.  Determining Whether Issue Has Been Preserved for Appeal, a.  Deadlines; Application for Extension of Time, f.  Type of Brief Filed When No Arguable Issue (Wende Brief), (2)  Wende Does Not Apply to Appeals Handled by Retained Counsel or to Appeals From MDOA Commitments, 6.  Length, Filing, and Service of Briefs; Cover Colors, c.  Reversal or Modification of Judgment, b.  Dismissal of Appeal for Irregularity, d.  Dismissal Because Appellant Escaped or Left Country, e.  No Dismissal Because Defendant Incompetent on Appeal, f.  Abatement of Appeal After Appellant’s Death, L.  Request for Publication or Depublication, 2.  Time Limits, Form and Content, and Service and Filing of Petition and Answer, 4.  Denial of Rehearing; Modification of Opinion, 3.  Time Limits, Form, and Content of Petition, 4.  Abbreviated Petition to Exhaust State Remedies, 5.  Time Limits, Form, and Content of Answer and Reply, 6.  Filing and Service of Petition, Answer, and Reply, 7.  Time for Granting or Denying Review, III.  ADMISSION AND APPOINTMENT OF COUNSEL, V.  PROCEDURE FOR HABEAS CORPUS REVIEW OF STATE COURT CONVICTIONS IN FEDERAL DISTRICT COURT, B.  Obtaining and Preparing Habeas Petition, D.  In Forma Pauperis Status and Appointment of Counsel, a.  Standard of Review for State Court Legal Rulings, (1)  State Court’s Interpretation of State Law, (2)  State Court’s Interpretation of Federal Law, (4)  State Court Decisions That Are Not Entitled to Deference, (5)  Deference for State Rulings on Matters Other Than Claims for Relief, b.  Standard of Review for Findings of Fact, c.  Retroactive Application of New Constitutional Rules, d.  Other Limitations on Federal Review of State Court Decisions [Deleted], 2.  Applicability of Rules of Civil Procedure, 5.  Consent to Magistrate Judge’s Exercise of Jurisdiction, G.  Mandamus to Compel District Court to Act, I.  Motion for Reconsideration or Rehearing in District Court, VI.  APPEAL OF DISTRICT COURT RULING ON HABEAS CORPUS PETITION, B.  Miscellaneous Information About Ninth Circuit Cases, 1.  Docketing Fees; In Forma Pauperis Status, 2.  Designating Reporter’s Transcript, F.  Preparing and Filing Briefs and Excerpts of Record, VII.  REVIEW IN UNITED STATES SUPREME COURT, III.  TWO-STEP PROCEDURE FOR REVOCATION OF PROBATION OR MANDATORY SUPERVISION, A.  Moving Party; Supervised Person’s Procedures as Moving Party, C.  Bringing Supervised Person Before Court, E.  Notice Requirements for Formal Revocation Hearing, F.  Expiration of Probation and Mandatory Supervision, H.  Which Judge Must Preside at Probation Revocation Proceeding, VI.  STIPULATING TO VIOLATION OF PROBATION OR MANDATORY SUPERVISION, A.  Advantages of Negotiating Violation of Probation or Mandatory Supervision, B.  Supervised Person’s Rights at Hearing, C.  When and Where Revocation Hearing Should Be Held, F.  Hearsay Evidence Generally Not Admissible, G.  Admissibility of Illegally Obtained Evidence, H.  No Requirement of Accomplice Corroboration, 3.  Preliminary Hearings and Trials in Felony Cases, J.  Limited Immunity for Supervised Person’s Testimony at Revocation Hearing, 1.  Importance of Type of Sentence in Underlying Case, 4.  Possible Outcomes of Motions to Revoke, A.  General Provisions: Drug Treatment for Nonviolent Drug Offenders, C.  Defendants on Probation July 1, 2001 [Deleted], D.  Probation Violation Proceedings Initiated by Probation Department.
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