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As one of the fifty states of the United States, California follows common law criminal procedure. The principal source of law for California criminal procedure is the California Penal Code, Part 2, "Of Criminal Procedure." With a population of about 40 million people, in California every year there are approximately:
The Penal Code enacted by the California State Legislature in February 1872 was derived from a penal code proposed by the New York code commission in 1865 which is frequently called the Field Penal Code after the most prominent of the code commissioners, David Dudley Field II (who did draft the commission's other proposed codes). [1]
Regardless of category or specific offense, all valid crimes are required to have two elements: 1) an act committed or omitted In California, and 2) an articulated punishment as defined in Cal Penal Code 15. There are three different types of crimes and public offenses: Infractions; Misdemeanors; Felonies. [3]
From 1963 until 1967, Erling J. Hovden was the Public Defender. [6] In 1965, the City Public Defender merged into the county office, with the one office handling misdemeanors, felonies, juvenile cases, mental health cases and some civil cases. [6] Richard S. Buckley served as the Public Defender from 1967 until 1976. [6] In 1976, Wilbur F ...
California has several post-conviction remedies that are sometimes called expungement. [11] For misdemeanor and felony crimes (not involving a sentence in state prison), a petition for expungement is filed in the court of conviction, seeking to have the conviction dismissed pursuant to Penal Code section 1203.4.
The public defender system is not the only form of indigent defense program offered in the United States. Besides the public defender system, there are two other main alternatives: assigned-counsel system and contract-service system. [3] Assigned-counsel is where the court appoints a private lawyer to defend someone who cannot afford to pay. [3]
A criminal defendant cannot simply fire a court-appointed attorney. The trial judge has discretion whether or not to appoint new counsel on request of the defendant. A Marsden motion is a unique means by which a criminal defendant can communicate with the court. A criminal defendant who is represented by counsel can only communicate with the ...
After law school, he started working in the San Diego County Public Defender's office in 1995. [3] During his time in San Diego, Mr. Garcia was recruited to the Alternate Public Defender and then recruited to the Multiple Conflicts/Major Cases office as the youngest lawyer to join that homicide and capital litigation team.
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related to: public defender after arrest california penal code