Arraignment and pretrial matters

• Author: Paul Burglin/Barry Simons/Ed Kuwatch
• Pages: 229-270

ARRAIGNMENT,

PRETRIAL MATTERS

3-1

CHAPTER 3

ARRAIGNMENT AND PRETRIAL MATTERS

§3:10 SPEEDY TRIAL RIGHTS AND CONTINUANCES

§3:20 ARRAIGNMENT

§3:21 Change of Venue

§3:22 Failure to Appear, Bail, O.R. and Conditions

§3:22.1 Failure to Appear and the Right to Appear Through Counsel

§3:22.2 Failure to Appear After Release on Own Recognizance

§3:22.3 Bail, O.R. Release, And Factors To Be Considered

§3:22.4 New Statutory Requirements For Defendants Charged With Probation

Violations

§3:2 2.5 Motion to Extend Bond When Complaint Not Filed Within 15 Days of Arraignment

§3:23 Police Report at Arraignment

§3:24 Proceedings After Mistrial and Split Verdict

§3:25 Judge May Order Booking

§3:26 Court May Not Require DA at Arraignment

§3:27 Commissioner May Conduct Arraignment

§3:28 Special Admonitions For Defendants On Active Military Duty or Veterans

§3:29 Arrest Deemed Detention Only If Case Not Filed

§3:29.1 Sealing of Arrest Record

§3:29.2 Finding of Factual Innocence

§3:30 DEMURRER AND NOT GUILTY PLEA

§3:31 Procedure for Demurrer

§3:32 Prosecution on Notice to Appear

§3:33 Complaint Within 25 Days of Citation

§3:34 Amended Complaint

§3:34.1 To Add a Subdivision (b) Charge

§3:34.2 To Add a Prior Conviction Enhancement Allegation

§3:35 Civil Injunctive Relief

§3:36 Double Jeopardy Attack

§3:36.1 On VC §23152(b) Charge

§3:36.2 Supporting Offense in Injury Case

§3:37 Mandatory Presumptions Attack on VC §23152(b)

§3:37.1 Presumptions in Criminal Cases Generally

§3:37.2 Presumptions Only Permissive in California DUI Offenses

§3:38 VC §23577: Chemical Test Refusal Enhancement Allegation—Demurrer or Motion to Strike

§3:39 Enhancement Allegation for Prior Conviction of a Separate Offense

ARRAIGNMENT,

PRETRIAL MATTERS

California Drunk Driving Law 3-2

§3:40 Juvenile Drunk Driving

§3:41 Allegation of “Forbidden Act and Neglected Duty”

§3:42 Allegation That Current Charge Is a Serious Felony

§3:43 Two-Dismissal Rule for Felonies

§3:44 Lack of Territorial Jurisdiction Causing Immunity from Prosecution

§3:44.1 Federal Military Bases

§3:44.2 Federal Prosecution Not Permitted for Some California Offenses

§3:44.3 Prior Federal or Other State Prosecution

§3:44.4 Crimes in “Indian Country”

§3:44.5 California Prosecution for Crime on Federal Property

§3:44.6 Conf‌lict With Federal Law

§3:44.7 Jurisdiction for Arrest

§3:45 Other Immunity from Prosecution

§3:45.1 California Emergency Services Act

§3:45.2 Diplomatic Immunity

§3:46 Statute of Limitations

§3:50 PRETRIAL CONFERENCE, PLEA DISCUSSIONS, DIVERSION, AND POSTCONVICTION RELIEF

§3:51 Evaluating the Client’s Case

§3:52 Some Court Acquittals Bar APS Suspension

§3:53 Defendant’s Plea Bargain Statements

§3:54 Prosecution Withdrawal of Offer

§3:55 Diversion

§3:56 Prohibited Procedures

§3:56.1 Denying Defendant’s Right to Let Attorney Appear; Plea in Absentia

§3:56.2 Limitation On Judge’s Review Of Police Report And Other Documents

§3:56.3 No Inquiry About Uncharged Convictions and Pending Charges

§3:56.4 Threat of Extra Punishment for Not Pleading Guilty

§3:56.5 Prosecutorial Vindictiveness: Adding Charges After Refusal to Plead Guilty

§3:56.6 No Jurisdiction Over Probation in Another Court

§3:57 Prohibited and Disfavored Probation Terms

§3:58 Negotiations With Judge Alone

§3:58.1 Judge Can Reject a Plea

§3:58.2 Minor Has the Right to Accept Plea Bargain

§3:58.3 The Right to Effective Assistance of Counsel in Plea Bargaining

§3:58.4 Superior Court May Limit Which Judges Can Approve Plea Deals

§3:58.5 Right to Be Sentenced by Judge Who Took Plea (Arbuckle)

§3:59 Charges Reduced/Changed; Priors Dropped

§3:59.1 VC §§23103 and 23103.5: “Wet” & “Dry” Reckless Driving

§3:59.2 Striking Prior Conviction Sentence Enhancement Allegations

§3:59.3 Attempted Drunk Driving

§3:59.4 Further Reductions and Dismissals

§3:59.5 Reduction to Misdemeanor Permitted at Preliminary Hearing or Af ter Entry of Plea

§3:59.6 Military Veterans: Felony Probation, Reduction, Treatment, Expungement

§3:60 HANDLING MULTIPLE PENDING CASES

§3:61 IMMIGRANTS, ALIENS AND NONCITIZENS

§3:62 ENFORCING PLEA BARGAIN AGREEMENT

§3:63 THREESTRIKES PLEA BARGAINING

§3:64 SUBSTANCE ABUSE TESTING

ARRAIGNMENT,

PRETRIAL MATTERS

3-3 Arraignment and Pretrial Matters

§3:65 PLEA BARGAINING WHEN PLEA BARGAINING IS PROHIBITED

§3:70 LAW AND MOTION

§3:71 Local Rules

§3:71.1 Validity of Local Rules

§3:71.2 Notice of Motion in Criminal Case

§3:72 Sanctions

§3:73 Broad Inherent Power to Reconsider Rulings

§3:80 GUILTY OR NOLO CONTENDERE PLEA

§3:81 Requirements for Entry of Guilty, Nolo Plea, or Admission of Prior

§3:82 Withdrawal of Plea

§3:90 RIGHT TO COUNSEL AND COUNSEL OF CHOICE

§3:91 Private Counsel May Withdraw After Preliminary Examination/Hearing