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Defendants in California have the following statutory Speedy Trial rights. To have their trial begin within 60 days of their arraignment if charged with a felony [19] To have their trial begin within 30 days of their arraignment if charged with a misdemeanor and they are in custody of the police (i.e. in jail) [20]
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
So the California courts allow a defendant represented by court-appointed counsel to directly communicate with the trial judge in the context of a Marsden motion, and only in such a context. A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney ...
In United States law, ripeness refers to the readiness of a case for litigation; "a claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all."
Starting in the 1970s, California began to slowly phase out the use of justice courts (in which non-lawyers were authorized by statute to preside as judges) after a landmark 1974 decision in which the Supreme Court of California unanimously held that it was a violation of due process to allow a non-lawyer to preside over a criminal trial which ...
After the televised proceedings ended in a mistrial due to deadlocked juries, the two were convicted at a second trial. The brothers have continued to insist they were sexually abused by their father.
California Department of Correction and Rehabilitation online records show Lyle Menendez remained a prisoner at the Richard J. Donovan Correctional Facility Tuesday, along with his brother. The ...
The PTPH was introduced on 5 January 2016 [3] and replaced the previous procedure of having a separate initial preliminary hearing followed by a Plea and Case Management Hearing (PCMH) in an attempt to reduce the number of pre-trial hearings. In triable either way offences, the defendant's right to elect a jury trial remains unfettered.