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Description: Focus:
In California’s criminal courts, the first battle takes place at the preliminary hearing. Before the first witness is called, however, counsel must navigate a complex series of procedural rules. These rules can be your friend or foe. Knowing how they apply is critical to the successful presentation of your case. For the prosecution, knowing the rules can mean the difference between the court swearing in your first witness or dismissing your case. For the defense, knowing the rules may get you the time you need to prepare, or the release of your client on his or her own recognizance, or the termination of the case. Recent case law has only amplified the importance of these procedural rules.
This program covers the rules, their respective motions, and the critical objections. This program gets you successfully from arraignment to announcing ready.
Highlights:
Penal Code §859b
• The governing statute
• The rules
Triggering Events
• Arraignment
• Reinstatement of criminal proceedings
• Amendments
• Bench warrant pick ups
Time Waivers
• General
• Limited
The Ten-Day Rule
• Trailing within the period
• In and out of custody
• Dismissals
• Re-filings
• Good cause continuances
• Defense continuances
The OR Rule
• The six exceptions
• Quarantine issues
• Refusals and miss-outs
Waive the Ten, Not the Sixty
• Continuing within the period
• Clash of case law
The Sixty-Day Rule
• Hard lid
• Co-defendants and time waivers
• Exceptions
The One Session Rule
• Good cause continuances
• Interruptions
• Exceptions
Presenter
Judge Kerry Bensinger | Los Angeles Superior Court
 | | Practice Areas: | | Criminal Law & Procedure, Trial Skills | | | Online Media Type: | | Video | | | Production Date: | | 04/08/2022 | | | Level: | | Basic | | | Category: | | Standard | | | Duration: | | 1 Hours, 0 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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Purchase of this product provides online access for 180 days. If you are purchasing a live webcast, you will receive complimentary access to the on demand version for 180 days once it becomes available. Please note that the on demand and podcast versions may, or may not be accredited in your state.
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| | • | Judge Kerry Bensinger - Los Angeles Superior Court |
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