What is a 1382 motion?
1382. (a) The court, unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases: (1) When a person has been held to answer for a public offense and an information is not filed against that person within 15 days.
What is a Serna motion?
A “Serna motion” is a legal motion to dismiss misdemeanor or felony charges because the defendant was denied their constitutional right to a speedy trial, which violates California’s fast and speedy trial law.
What is a 1381 motion?
A case dismissed with a PC 1381 Motion is a demand to go to trial by someone who has been sentenced to imprisonment for 90 days or more. For example, if a person has been sentenced to prison for 16 months, and a new case is filed against them while they are in prison, they can make a 1381 Motion to be brought to trial.
What happens after a preliminary hearing in California?
After hearing evidence and arguments from the defense attorney and prosecutor, the magistrate will: decide whether to hold the defendant to answer for trial, OR. reduce some or all of the charges to misdemeanors, OR. discharge the accused and dismiss the complaint.
How many times can a preliminary hearing be continued in PA?
(b) Each party may be granted one continuance by the Magisterial District Judge upon cause shown. Any such initial continuance, made at the request of either party, shall not be for more than twenty-one (21) days.
What is the Romero motion?
A Romero Motion is a request to have a prior conviction that was designated as a strike to be treated as a non-strike so that any sentence imposed for your current offense is not enhanced.
What is a 1538 motion?
What is a 1538.5 motion? Simply put, California Penal Code section 1538.5 PC authorizes a California criminal defendant to move for. the exclusion of any evidence that is the product of an unlawful search and seizure, and/or. the return of any property that was illegally seized.
What is pc1385?
Penal Code § 1385 allows a judge to dismiss a case “in furtherance of justice” without even a request to do so by the defense attorney or defendant. This provision is rarely exercised by a judge without a request by the prosecutor.
What happens if you violate felony probation?
There are 3 possible consequences of a felony probation violation: The judge can revoke probation and send the probationer to jail or prison, or modify the terms of probation to make them stricter, or reinstate probation under its original terms.
Who attends a preliminary hearing?
Who needs to attend? Other than in exceptional cases, the representatives from both parties must be in attendance at a preliminary hearing. Where the Tribunal need to decide a preliminary issue, witnesses may also need to attend.