California Penal Code Glossary null

• Jurisdiction: United States

17(b): Motion to reduce a felony to a misdemeanor, or a misdemeanor to an infraction.

170.1: Motion to disqualify a judge for actual factual cause that the judge cannot give a fair trial.

170.6: Motion to disqualify a judge based on a belief of bias and that the judge cannot give a fair trial.

654: Prohibits multiple punishment for the same course of conduct.

859b: Motion to dismiss for untimely preliminary hearing.

991: Motion to dismiss case against an in-custody misdemeanor defendant based on lack of probable cause.

995: Motion to dismiss because defendant was not legally committed or there was no probable cause to hold defendant to answer at the preliminary hearing.

977: Authority for an attorney to appear on behalf of a defendant.

1050: Motion for a continuance of any criminal proceeding, including trial.

1054: Motion for discovery.

1118/1118.1: Motion to acquit based on insufficiency of the evidence during trial.

1368: Motion to declare a doubt as to a defendant's mental competency to stand trial.

1382: Motion to dismiss for a delay in bringing a defendant to trial within the statutory time requirements.

1385: Motion for court to dismiss a case or enhancement on a charge under furtherance of justice.

1538.5: Motion to contest evidence obtained by a search warrant or a warrantless search.

California Evidence Code Glossary

352: A court may exclude evidence if the probative value is outweighed by the prejudicial nature of the evidence.

402: Motion to admit or exclude evidence at trial.

Common Phrase Glossary

Arraignment: Initial court proceedings in which a criminal defendant appears in court and the court informs the defendant of the charges and his or her rights, and the defendant pleads guilty or not guilty.

Bifurcation: Severance of party, counts, enhancements or priors from a main case for jury trial, to be heard in a separate jury or court trial.

Challenge for Cause: Request to excuse a juror from a case for actual or implied bias.

Complaint: Name of the charging document (pleadings) initiated by a prosecutor's office for an infraction, misdemeanor or felony case.

Commenting on the Evidence: A judge gives an opinion on evidence or credibility of witness(es) but does not comment on whether a defendant is guilty or innocent.

Corpus Cop-Out/Corpus Delicti: Prosecution must prove a crime to have occurred independent of a defendant's statements of having participated in the crime and prior to a person being convicted of that crime.

Deadlocked Jury: A deliberating jury's inability to reach a unanimous verdict.

Dismissal: Motion to preclude further filing of a case based on prior dismissal(s) of the case or requesting court to exercise power in furtherance of justice.

Discovery: Process to learn the opposing side's evidence in a case.

Due Process Delay: Motion to dismiss for a delay between the commission of a crime and the filing of the accusatory charging document.

Exclude Witnesses: Motion to prevent non testifying witness from hearing testimony from a testifying witness.

Factual Basis: When accepting a guilty plea from a defendant, the court must be satisfied there is some factual basis for...