Search results
The following represents a brief overview of the most common criminal defense motion used by defense attorney in California criminal cases. For more information, contact our criminal defense attorneys today for a free consultation. Motion for Judicial Diversion. Motion to Withdraw a Plea.
Your concern is how to meet your professional obligations to keep your client informed and still protect your client. California Rules of Court, rule 8.360(d)(1) requires that appellate counsel must serve each brief on the appellant unless the appellant requests otherwise.
4 The California Criminal Motions Survival Guide If the case is a felony, a defendant must appear in per-son before the judge. There is an exception if the defen-dant executes a written waiver of appearance in open court and the court accepts that written waiver. Cal. Penal Code §977(b)(1), §977(c)(2)(A).
Penal Code § 1050 PC outlines the procedures for asking the court to continue a hearing in a California criminal case. A motion to continue is a request by either the prosecution or the defense to postpone the hearing to a future date.
The criminal court process involves: an investigation and arrest, an arraignment, a pre-trial process (which may involve discovery, motions, and plea bargains), a preliminary hearing (only in felony cases), a trial (unless you take a plea), and. a sentencing hearing (if you are found guilty at trial or take a plea).
16 maj 2024 · California Criminal Practice, Motions, Jury Instructions, and Sentencing, 4th ed. - by Edward A. Rucker & Mark E. Overland. Westlaw version. Also available in print (Zief Law location: Law Stacks KFC 1155 .R83 2015).
In addition to statutory requirements and rules governing criminal motions set forth in the California Rules of Court, the Superior Court of Orange County has adopted local rules of court for motions. The rules include when specified motions are heard, service requirements, and when the motion must be filed by.
