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Martinez v. Court of Appeal of California, 528 U.S. 152 (2000), is a United States Supreme Court case in which the Court decided an appellant who was the defendant in a criminal case cannot refuse the assistance of counsel on direct appeals.
All California appellate courts are required by the California Constitution to decide criminal cases in writing with reasons stated (meaning that even in criminal appeals where the defendant's own lawyer has tacitly conceded that the appeal has no merit, [6] the appellate decision must summarize the facts and law of the case and review possible ...
There are some conditions put under section 437 of the Cr.P.C. wherein bail can be requested even for a non-bailable offence. In non-bailable cases, bail is not the right of the accused, but the discretion of the judge if regards the case as fit for the grant of bail, it regards imposition of certain conditions as necessary in the circumstances.
A bail report author will use this information to prepare a report that courts rely on to decide whether to release an individual back into the community for the duration of their criminal case.
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The movement to eradicate bail from America’s justice system will face a crucial test Nov. 3, when California voters will decide whether to end the centuries-old practice of trading money for ...
Unsecured bail. This is a release without a deposit but it differs from ROR in that the defendant must pay a fee upon breaching the terms of the bail. This is typically called an "unsecured appearance bond". [56] Percentage bail. The defendant deposits only a percentage of the bail's amount (usually 10%) with the court clerk. [56]
In a criminal case, the private party may be known as the defendant or the accused. A criminal case in the United States against a person named Ms. Sanchez would be entitled United States v. (short for versus, or against) Sanchez if initiated by the federal government; if brought by a state, the case would typically be called State v.