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In California, criminal defendants have the right to appeal both felony [29] and misdemeanor [30] convictions. If the defendant is convicted of a misdemeanor, they have the right to be released on bail pending the outcome of their appeal. Misdemeanor appeals are heard by the Appellate Division of the California Superior Court.
Examples of infractions in California are traffic violations such as exceeding the posted speed limit, etc. Persons charged with infractions do not have the same right to trial by jury as misdemeanor defendants, notwithstanding laws that imply otherwise. [5] [6] [7] Similarly, Defendants generally do not have a right to court-appointed counsel. [8]
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 ...
A new lawsuit alleges that courts across California routinely deny people due process by failing to maintain transcripts of many types of proceedings. The suit, filed last week by two San ...
Black's Law Dictionary defines "expungement of record" as the "Process by which record of criminal conviction is destroyed or sealed from the state or Federal repository." [ 1 ] While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the ...
Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis. The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.
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