Matthew Bender Practice Guide: California Criminal Law

Matthew Bender Practice Guide California Criminal Law is an affordable, quick answer guide to state criminal procedure questions. Written by an experienced practitioner, the Practice Guide offers concise explanations of each step in a criminal case, as well as unique practice strategies and checklists to ensure that the practitioner identifies and addresses all the legal and procedural issues related to each task.
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Print Book:Looseleaf, Updated twice yearly
ISBN: 9781632836649
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ISBN: 9781632836656
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ISBN: 9781632836656
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Product description

With its concise writing style, streamlined chapter format, abundance of checklists and forms, extensive references to leading and related cases, cross references to relevant analytical content, and authoritative guidance, you'll find more of everything that makes a practice guide valuable and easy for you to use.

Topically organized, Matthew Bender Practice Guide California Criminal Law covers the entire process of a criminal trial in California, from the initial representation of a client through sentencing and post-sentencing procedures and much more.

Each Practice Guide chapter combines authoritative legal analysis with an expert author's practical insights, distilled from years of litigation practice. California Criminal Law includes Practice Tips that transition smoothly from legal analysis to practical application of a point of law.

Chapter parts begin with a detailed practice checklist defining the essentials of a major task. Checklists capture the essential steps (the what, when, and how) of each task, with cross-references to relevant authority, forms, and discussion of the topic within the chapter itself.

In addition, numerous forms are included in the product.

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Table of contents

Chapter 1 Fundamental Duties
1.01 Scope
1.02 Objective
1.03 Checklist for Prosecutors
1.04 Checklist for Defense Attorneys
1.05 Duty of Prosecutor
1.06 California Victims' Bill of Rights (Marcy's Law)
1.07 Duty of Defense Counsel
1.08 Self-Representation
1.09 Forms
Chapter 2 Criminal Investigation
2.01 Scope
2.02 Objective
2.03 Checklist for Prosecutors
2.04 Checklist for Defense Counsel
2.05 Search Warrant
2.06 Detention of Suspect
2.07 Arrest of Suspect
2.08 Interview of Suspect
2.09 Statements from Multiple Suspects
2.10 Forms
Chapter 3 Initiation of Formal Criminal Proceedings
3.01 Scope
3.02 Objective
3.03 Checklist for Prosecutors
3.04 Checklist for Defense Counsel
3.05 The Accusatory Pleading
3.06 The Arraignment
3.07 Discovery
3.08 Mental Competence of Defendant
3.09 Right to Speedy Trial
3.10 Forms
Chapter 4 Preliminary Examinations
4.01 Scope
4.02 Objective
4.03 Checklist for Prosecutors
4.04 Checklist for Defense Counsel
4.05 The Preliminary Examination
4.06 Evidentiary Considerations
4.07 Proving Misdemeanors/Enhancements
4.08 Preliminary Examination Procedure
4.09 Time Requirements
4.10 Motion to Suppress Evidence (Preliminary Examination)
4.11 Miscellaneous Defense Motions
4.12 Forms (Reserved)
Chapter 5 Information and Motion to Set Aside Information
5.01 Scope
5.02 Objective
5.03 Checklist for Prosecutors
5.04 Checklist for Defense Counsel
5.05 The Information
5.06 Motion to Set Aside Information
5.07 Forms
Chapter 6 Common Pretrial Motions
6.01 Scope
6.02 Objective
6.03 Checklist for Prosecutors
6.04 Checklist for Defense Counsel
6.05 Motion to Continue
6.06 Motion to Suppress Evidence
6.07 Forms
Chapter 7 Subpoenas
7.01 Scope
7.02 Objective
7.03 Checklist for Prosecutors
7.04 Checklist of Defense Counsel
7.05 Subpoenas
7.06 Subpoena Duces Tecum
7.07 Forms
Chapter 8 Plea Bargains
8.01 Scope
8.02 Objective
8.03 Checklist for Prosecutors
8.04 Checklist for Defense Counsel
8.05 Plea Bargain Definition
8.06 Limitations on Plea Bargaining
8.07 Required Advisement to Defendant
8.08 Defendant Must be Present to Enter Plea
8.09 No Presence Necessary in Misdemeanor Case
8.10 Motion to Withdraw Plea
8.11 Right to Same Judge Who Accepted Plea
8.12 No Right to Same Judge After Jury Trial
8.13 Court Cannot Plea Bargain
8.14 Court Authorized to Provide Indicated Sentence
8.15 Forms
Chapter 9 Jury Trial
9.01 Scope
9.02 Objective
9.03 Checklist for Prosecutors
9.04 Checklist for Defense Counsel
9.05 Trial Readiness Conference
9.06 Motions In Limine (At the Outset)
9.07 Jury Selection
9.08 Opening Statement
9.09 Witnesses
9.10 Motion For Acquittal
9.11 Closing Argument
9.12 Jury Instructions
9.13 Verdict
9.14 Motion For New Trial
9.15 Forms
Chapter 10 Judgment & Sentencing
10.01 Scope
10.02 Objective
10.03 Checklist for Prosecutors
10.04 Checklist for Defense Counsel
10.05 Time Requirements
10.06 Pre-Sentence Investigation Report
10.07 Arraignment for Judgment & Sentencing
10.08 Objectives in Sentencing
10.09 Probation Consideration
10.10 Presumption Against Probation
10.11 Overcoming Presumption Against Probation
10.12 Criteria Affecting Probation
10.13 Terms and Conditions of Probation
10.14 Imposition of Imprisonment
10.15 Enhancements
10.16 Custody Conduct Credits
10.17 Forms
Chapter 11 Probation Violation Hearing, Restitution Hearing, and Appeal
11.01 Scope
11.02 Objective
11.03 Checklist for Prosecutors
11.04 Checklist for Defense Counsel
11.05 Probation Violation Hearing
11.06 Restitution Hearing
11.07 Appeal by Prosecution
11.08 Appeal by Defense Counsel
11.09 Authority of Appellate Court
11.10 Forms