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The first step in criminal procedure is for the defendant to be arrested by the police. In California, the police may arrest a person: for a misdemeanor crime if the police have probable cause and personally witnessed the crime occur in front of them or the police have a signed arrest warrant from a judge [7]
California lawmakers are proposing tougher penalties on looting and other opportunistic crimes during disasters after more than two dozen individuals were arrested in evacuation zones after the ...
Most states (including California) have further restrictions on subpoena use in criminal cases. [ 9 ] Some states (as is the case in Florida) require the subpoenaing party to first file a Notice of Intent to Serve Subpoena, or a Notice of Production from Non-Party ten days prior to issuing the subpoena, so that the other party may have ample ...
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial. In some jurisdictions ...
A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the defendant's arrest. The information ...
A subpoena requires the person therein named to appear and attend before a court or magistrate at the time and place, to testify as a witness. [37] Under the Uniform Rules of Criminal Procedure, the subpoena must state the name of the court and the title, if any, of the proceeding. It must command each person to whom it is directed to attend ...
Provide at least five days’ notice to a journalist who is being subpoenaed in any civil or criminal proceeding. Provide notice to the journalist and the journalist's employer of a subpoena issued to a third party who is in possession of the journalist's confidential information at least five days prior to issuing the subpoena. [10]
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]