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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 ...
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.
Since at least 2009, when a panel of three federal judges ordered California to reduce its dangerously overcrowded prisons, the Golden State has been trying to reform its criminal justice system.
A court reporter, court stenographer, or shorthand reporter [1] is a person whose occupation is to capture the live testimony in proceedings using a stenographic machine or a stenomask, thereby transforming the proceedings into an official certified transcript by nature of their training, certification, and usually licensure.
Superior Court [18] is the source for a "Pitchess motion" in California. Such a motion can be made by a criminal defendant to discover complaints made against a police officer, and the investigation of those complaints, such that they are contained in the officer's personnel records.
The California Department of Justice is a statewide investigative law enforcement agency and legal department of the California executive branch under the elected leadership of the Attorney General of California (AG) which carries out complex criminal and civil investigations, prosecutions, and other legal services throughout the US State of California. [1]
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