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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.
California uses a bail schedule system, and judges in state court are directed to refer to the bail schedule while also taking into account the defendant's criminal record and whether the defendant poses a danger to the community. [33] The California legislature attempted to eliminate cash bail entirely. [34]
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 ...
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.
Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis. The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.