Matthew Bender Practice Guide: California Criminal Law

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ISBN: 9781632836649
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ISBN: 9781632836656
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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.

Authors / Contributors

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 Bargain

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