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California Criminal Law Forms Manual

The detailed instructions and templates in this book, which corresponds with California Criminal Law Procedure and Practice, speed your drafting tasks.

The detailed instructions and templates in this book, which corresponds with California Criminal Law Procedure and Practice, speed your drafting tasks.

  • Forms for both defense and prosecution, including sample Petition to Reduce to a Misdemeanor and for Resentencing pursuant to Proposition 47
  • Templates for motions, writs, and briefs, including sample Petition for Recall and Resentencing pursuant to the Three Strikes Reform Act
  • Drafting instructions for motions, writs, and briefs
  • Points and authorities for supporting memoranda
  • Trial preparation checklist
  • Felony guilty plea checklist
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The detailed instructions and templates in this book, which corresponds with California Criminal Law Procedure and Practice, speed your drafting tasks.

  • Forms for both defense and prosecution, including sample Petition to Reduce to a Misdemeanor and for Resentencing pursuant to Proposition 47
  • Templates for motions, writs, and briefs, including sample Petition for Recall and Resentencing pursuant to the Three Strikes Reform Act
  • Drafting instructions for motions, writs, and briefs
  • Points and authorities for supporting memoranda
  • Trial preparation checklist
  • Felony guilty plea checklist

1

Preparing and Filing Motions and Other Papers; Criminal Law Practice Management

  • I. OVERVIEW 1.1
  • II. PREPARING, FILING, AND SERVING MOTIONS AND OTHER PAPERS
    • A. Form and Format Requirements 1.2
      • 1. Paper and Font Requirements 1.3
      • 2. Margins, Line Spacing, and Line Numbering Requirements 1.4
      • 3. Pages in General 1.5
      • 4. First-Page Format: Caption 1.6
        • a. Attorney Identifying Information 1.7
        • b. Name of Court 1.8
        • c. Title of Case; Description of Paper 1.9
        • d. Name of Judge and Department 1.10
        • e. Other Information 1.11
        • f. Sample Pleading: First Page 1.12
    • B. Judicial Council Forms 1.13
    • C. Local Rules and Forms
      • 1. Local Rules 1.14
      • 2. Local Forms 1.15
    • D. Citation Format 1.16
    • E. Service and Filing Requirements for Pretrial Motions 1.17
    • F. Drafting Motions and Briefs
      • 1. Short Is Better Than Long 1.18
      • 2. Simple Language Is Best 1.19
      • 3. Be Clear 1.20
      • 4. Be Persuasive 1.21
      • 5. Tell the Judge What Relief You Want 1.22
      • 6. Prepare Proposed Order 1.23
      • 7. Give the Judge Sufficient Information About the Case to Rule on Your Motion 1.24
      • 8. Attach Declarations and Exhibits 1.25
      • 9. Find Out Where and When Particular Motions Are Heard Before Setting or Requesting a Date 1.26
      • 10. Serve Opposing Counsel and Attach Proof of Service 1.27
  • III. CRIMINAL LAW PRACTICE MANAGEMENT FORMS
    • A. Client Information Letter 1.28
    • B. General Authorization 1.29
    • C. Release of Medical Records 1.30
    • D. Contract for Services of Consultant/Expert 1.31

2

Professional Responsibility

  • I. OVERVIEW
    • A. Companion Volume 2.1

3

Right to Counsel; The Attorney-Client Relationship

  • I. OVERVIEW
    • A. Legal Fee Agreement 3.1
    • B. State Bar Sample Fee Agreements 3.2
    • C. Client Disclosure and Consent 3.2A
    • D. Letter Notifying Defense Counsel of Substitution of Counsel, and for Release of Information 3.3
    • E. Defendant's Financial Statement on Eligibility for Appointment of Counsel and Reimbursement and Record on Appeal at Public Expense (Judicial Council Form MC-210) 3.4
    • F. Motion to Remove Defense Counsel 3.5
    • G. Defense Motion to Be Relieved as Counsel 3.6

4

Arrest and Bench Warrants; Summons; Subpoenas

  • I. OVERVIEW
    • A. Order to Attend Court or Provide Documents: Subpoena/Subpoena Duces Tecum (Criminal and Juvenile) (Judicial Council Form CR-125/JV-525) 4.1
    • B. Motion to Quash Subpoena (Duces Tecum) 4.2

5

Release Procedures

  • I. OVERVIEW
    • A. Motion to Increase Bail 5.1
    • B. Motion to Reduce Bail 5.2
    • C. Motion to Examine Source of Bail 5.3

6

Arraignment

  • I. OVERVIEW
    • A. Waiver of Defendant's Personal Appearance (Felonies) 6.1
    • B. Waiver of Personal Appearance (Sentencing) 6.2
    • C. Guilty Verdict in Absentia 6.3

7

Pleadings; Joinder and Severance

  • I. OVERVIEW
    • A. Demurrer 7.1
    • B. Opposition to Demurrer 7.2
    • C. Motion to Sever Counts 7.3
    • D. Opposition to Motion to Sever Counts 7.4
    • E. Motion to Sever Codefendants 7.5
    • F. Opposition to Motion to Sever Codefendants 7.6

8

Preliminary Hearings

  • I. OVERVIEW
    • A. Defense Motion to Close Preliminary Hearing, Seal Preliminary Hearing Transcript, and for Protective Order 8.1
    • B. Prosecution Memorandum in Opposition to Defendant's Motion to Close Preliminary Hearing, Seal Reporter's Transcript of Preliminary Hearing, and Issue Protective Order 8.2

9

Grand Jury

  • I. OVERVIEW
    • A. Motion to Quash Indictment Based on Error in Grand Jury Composition 9.1
    • B. Motion to Dismiss Indictment (Pen C §939.71) 9.2
    • C. Request to Grand Jury and Prosecution to Consider Exculpatory Evidence 9.3

10

Client Interview

  • I. OVERVIEW
    • A. Client Interview Form 10.1

11

Discovery

  • I. OVERVIEW
    • A. Informal Defense Discovery Request 11.1
    • B. Defense Motion to Compel Discovery 11.2
    • C. Defense Motion for Sanctions 11.3
    • D. Informal Prosecution Discovery Request 11.4
    • E. Opposition to Prosecution Discovery Request 11.5
    • F. Prosecution Motion to Compel Discovery 11.6
    • G. Prosecution Motion for Sanctions 11.7
    • H. Motion for In Chambers Appointment of Defense Expert 11.8
    • I. Defense Motion to Preserve and Copy Tape (Harvey/Madden Motion) 11.9
    • J. Defense Motion for Transfer of Evidence for Retesting 11.10
    • K. Defense Motion to Dismiss Because of Destruction or Loss of Evidence (Trombetta/Youngblood Motion) 11.11
    • L. Defense Motion for Discovery of Police or Custodial Officer Conduct (Pitchess Motion) 11.12
    • M. Defense Motion for Discovery of Victim's Violent Conduct 11.13
    • N. Defense Ex Parte Motion for Production of Booking Photo or Latent Fingerprints 11.14
    • O. Request for Disclosure of Juvenile Case File (Judicial Council Form JV-570) 11.15
    • P. Acknowledgment of Discovery 11.16
    • Q. Motion for Conditional Examination 11.17

12

Public Records

  • I. OVERVIEW
    • A. Companion Volume 12.1

13

Motion to Set Aside Information or Quash Indictment

  • I. OVERVIEW
    • A. Defense Motion to Dismiss Information Under Pen C §995 13.1
    • B. Defense Motion to Quash Indictment Under Pen C §995 13.2
    • C. Memorandum in Opposition to Motion to Dismiss Under Pen C §995 13.3
    • D. Motion to Compel Reinstatement of Complaint (Pen C §871.5) 13.4
    • E. Request for Preparation of Transcript 13.5
    • F. Memorandum in Support of Motion to Reinstate Complaint 13.6

14

Pretrial and Trial Publicity

  • I. OVERVIEW
    • A. Media Request to Photograph, Record, or Broadcast (Judicial Council Form MC-500) 14.1
    • B. Order on Media Request to Permit Coverage (Judicial Council Form MC-510) 14.2

15

Change of Venue

  • I. OVERVIEW
    • A. Motion for Change of Venue 15.1

16

Search and Seizure Motions

  • I. OVERVIEW
    • A. Motion to Suppress Evidence Seized Without Warrant (Pen C §1538.5) 16.1
    • B. Defense Motion to Quash Warrant and Suppress Evidence (Pen C §1538.5) 16.2
    • C. Defense Motion to Controvert (Traverse) Search Warrant and to Suppress Evidence (Pen C §1538.5) 16.3
    • D. Defense Memorandum in Support of Motion to Suppress Evidence Under Pen C §1538.5 16.4
    • E. Prosecution Opposition to Defense Pen C §1538.5 Motion 16.5
    • F. Defense Motion for Information on Contents of Search Warrant Affidavit (Luttenberger Motion) 16.6
    • G. Prosecution Request for Special Search and Seizure Hearing (Pen C §1538.5(j)) 16.7
    • H. Motion for Return of Seized Property (Pen C §1536) 16.8

17

Motion to Disclose Informant's Identity

  • I. OVERVIEW
    • A. Motion to Disclose Identity and Present Whereabouts of Informant or, Alternatively, to Dismiss 17.1
    • B. Supplementary Defense Motion Concerning In Camera Hearing Procedures 17.2

18

Selected Pretrial Motions

  • I. OVERVIEW
    • A. Pretrial Notice of Motion, Notice of Motion and Motion, or Motion 18.1
    • B. Memorandum in Support of Motion 18.2
    • C. Declaration in Support of Motion 18.3
    • D. Affidavit in Support of Motion 18.4
    • E. Proposed Order 18.5
    • F. Declaration of Service by Mail (Documents Deposited in Mail) 18.6
    • G. Declaration of Service by Mail (Documents Placed for Collection and Mailing) 18.7
    • H. Attorney Declaration of Service by Mail (Documents Deposited in Mail) 18.8
    • I. Declaration of Service by Hand Delivery 18.9
    • J. Application for Order Shortening Time; Order 18.10
    • K. Memorandum Opposing Motion 18.11
    • L. Motion to Disqualify (Recuse) Prosecutor's Office for Bias and Prejudice 18.12
    • M. Defense Motion for Discovery (Murgia Motion) 18.13
    • N. Notice of Motion for Reconsideration and Supporting Memorandum 18.14

19

Right to Speedy Trial

  • I. OVERVIEW
    • A. Defense Motion to Dismiss (Due Process) 19.1
    • B. Defense Motion to Dismiss (Speedy Trial) 19.2
    • C. Defense Motion to Dismiss for Violation of Statutory Deadlines 19.3
    • D. Notice of Intent to Withdraw General Time Waiver 19.4
    • E. Demand by Prisoner to Dismiss Under Pen C §1381 or §1381.5 19.5

20

Continuances

  • I. OVERVIEW
    • A. Motion for Continuance 20.1

21

Disqualification of Judge

  • I. OVERVIEW
    • A. Peremptory Challenge 21.1

22

Lineups and Identification

  • I. OVERVIEW
    • A. Lineup Characteristics Chart 22.1
    • B. Witness Identification Sheet 22.2
    • C. Notice of Motion and Motion for Lineup (Evans Motion) 22.3
    • D. Motion to Suppress Eyewitness Identification 22.4
    • E. Prosecution Request for Lineup 22.5

23

Confessions and Admissions

  • I. OVERVIEW
    • A. Invocation of Right to Counsel 23.1
    • B. Defense Motion to Suppress Statement as Product of Fourth Amendment Violation 23.2
    • C. Defense Motion to Exclude Statement 23.3

24

Prior Convictions and Uncharged Misconduct

  • I. OVERVIEW
    • A. Defense Motion to Strike Prior Conviction 24.1
    • B. Motion to Preclude Impeachment With Prior Conviction 24.2

25

Termination of Prosecution Without Judgment

  • I. OVERVIEW
    • A. Companion Volume 25.1

26

Pleas and Case Settlement

  • I. OVERVIEW
    • A. Checklist: Felony Guilty Plea 26.1
    • B. Plea Form, With Explanations and Waiver of Rights—Felony (Judicial Council Form CR-101) 26.2

27

Deferred Entry of Judgment, Diversion, and Preplea Probation Report

  • I. OVERVIEW
    • A. Declaration of Ineligibility for Deferred Entry of Judgment 27.1

28

Trial by Court or Jury

  • I. OVERVIEW
    • A. Companion Volume 28.1

29

Jury Selection

Michael Begovich

  • I. OVERVIEW
    • A. Jury Selection Chart 29.1
    • B. Sample Jury Questionnaire 29.2
    • C. Sample Jury Questionnaire: Capital Case 29.2A
    • D. Juror Questionnaire for Criminal Cases (Judicial Council Form MC-002) 29.3
    • E. Sample Questions (No Questionnaire): Sexual Molestation of Boys 29.4
    • F. Sample Questions (No Questionnaire): Rape of Woman by Former Boyfriend 29.5
    • G. Sample Questions (No Questionnaire): Murder of Infirm Family Member 29.6
    • H. Sample Questions (No Questionnaire): Murder of an Infant 29.7

30

Preparation and Presentation of Case and Argument

  • I. OVERVIEW
    • A. Form: Trial Checklist 30.1

31

Selected Trial Motions

  • I. OVERVIEW
    • A. Motion In Limine to Exclude Evidence 31.1
    • B. Application for Order for Temporary Removal of Prisoner and for His or Her Production as Witness 31.2
    • C. Request for Judicial Notice at Trial 31.3
    • D. Order Concerning Defendant During Trial 31.4

32

Jury Instructions

  • I. OVERVIEW
    • A. Request for Jury Instructions 32.1
    • B. Objections to Instructions 32.2

33

Jury Deliberations and Verdict

  • I. OVERVIEW
    • A. Companion Volume 33.1

34

Prejudgment Motions

  • I. OVERVIEW
    • A. Companion Volume 34.1

35

Pronouncing Judgment

  • I. OVERVIEW
    • A. Petition to Reduce to a Misdemeanor and for Resentencing [Proposition 47] 35.1

36

Misdemeanor Sentencing

  • I. OVERVIEW
    • A. Companion Volume 36.1

37

Felony Sentencing

  • I. OVERVIEW
    • A. Petition to Recall Sentence and to Resentence Pursuant to the Three Strikes Reform Act of 2012 (Pen C §1170.126) 37.1

38

Probation

  • I. OVERVIEW
    • A. Notice and Motion for Transfer (Judicial Council Form CR-250) 38.1
    • B. Order of Transfer (Judicial Council Form CR-251) 38.2
    • C. Receiving Court Comment Form (Judicial Council Form CR-252) 38.3

39

Work Furlough and Other Alternative Sentences

  • I. OVERVIEW
    • A. Companion Volume 39.1

40

Victim Restitution

Antonio R. Sarabia II

  • I. OVERVIEW
    • A. Notice of Appearance and Victim's Requests for Notice Prior to Pretrial Disposition, Notice of Sentencing and Right to Be Heard 40.1
    • B. Defendant's Statement of Assets (Judicial Council Form CR-115) 40.1A
    • C. Order for Victim Restitution (Judicial Council Form CR-110/JV-790) and Abstract of Judgment—Restitution (Judicial Council Form CR-111/JV-791) 40.2
    • D. Memorandum in Support of Restitution 40.2A
    • E. Declaration of Attorney in Support of Restitution Order for Attorney Fees Incurred by Victim 40.3
    • F. Memorandum in Support of Prompt Restitution 40.3A
    • G. Memorandum in Support of Motion to Modify Restitution 40.3B
    • H. Form Interrogatories—Crime Victim Restitution (Judicial Council Form CR-200) 40.4
    • I. Supplemental Restitution Order 40.5
    • J. Information Regarding Income Deduction Order (Pen. Code, §1202.42) (Judicial Council Form CR-118) 40.6
    • K. Order for Income Deduction (Pen. Code, §1202.42) (Judicial Council Form CR-119) 40.7
    • L. Order to Probation Department in Regard to Collection of Restitution Payments 40.8
    • M. Request for Victim Services [and Restitution Collection] (CDCR 1707) 40.9

41

Trial Counsel's Duties After Judgment

  • I. OVERVIEW
    • A. Notice of Appeal—Felony (Defendant) (Criminal) (Judicial Council Form CR-120) 41.1
    • B. Notice of Appeal (Misdemeanor) (Judicial Council Form CR-132) 41.2
    • C. Application for Appointment of Counsel on Appeal (Felony) 41.3
    • D. Request for Court-Appointed Lawyer in Misdemeanor Appeal (Judicial Council Form CR-133) 41.3A
    • E. Notice Regarding Record on Appeal (Misdemeanor) (Judicial Council Form CR-134) [Deleted] 41.4
    • F. Statement of Points to Be Raised on Appeal and Designation of Additional Record (Pen C §1240.1) 41.5
    • G. Proposed Statement on Appeal (Misdemeanor) (Judicial Council Form CR-135) [Deleted] 41.5A
    • H. Defense Motion to Reduce Felony to Misdemeanor After Probation Granted (Pen C §17(b)(3)) 41.6
    • I. Petition to Reduce to a Misdemeanor and for Resentencing [Proposition 47] 41.6A
    • J. Application to Dismiss After Probation Successfully Completed (Pen C §1203.4) 41.7
    • K. Application to Dismiss Misdemeanor After Probation Not Granted and Sentence Served (Pen C §1203.4a) 41.8
    • L. Petition to Seal and Destroy Records and for Declaration of Factual Innocence (Pen C §851.8) 41.9
    • M. Motion in Trial Court for Bail Pending Appeal and for Stay of Execution of Judgment (Felony Case) 41.10
    • N. Prosecution Motion to Revoke Bail on Appeal 41.11
    • O. Motion to Dismiss Nonviolent Drug Possession Offense (Pen C §1210.1(d)) 41.12
    • P. Petition/Application Under Health & S C §11361.8 (Proposition 64; Control, Regulate and Tax Adult Use of Marijuana Act) 41.13

42

Writs in California State Courts

  • I. OVERVIEW
    • A. Petition for Writ of Mandate/Prohibition in Court of Appeal 42.1
    • B. Petition for Review in California Supreme Court 42.2
    • C. Petition for Writ of Habeas Corpus (Judicial Council Form MC-275) 42.3
    • D. Petition for Writ of Habeas Corpus (Attorney-Drafted) 42.4
    • E. Petition for Writ of Mandate Under Pen C §871.6 in Superior Court 42.5

43

Misdemeanor Appeals

  • I. OVERVIEW
    • A. Notice Regarding Record on Appeal (Misdemeanor) (Judicial Council Form CR-134) 43.1
    • B. Proposed Statement on Appeal (Misdemeanor) (Judicial Council Form CR-135) 43.2
    • C. Appellant's Opening Brief 43.3
    • D. Respondent's Brief 43.4
    • E. Appellant's Reply Brief 43.5
    • F. Petition for Rehearing and Application for Certification 43.6

44

Felony Appeals

  • I. OVERVIEW
    • A. Motion to Compel Trial Counsel to Provide Client File 44.1
    • B. Letter to Correct the Record 44.1A
    • C. Motion to Augment the Record 44.1B
    • D. Voluntary Dismissal of Appeal 44.2
    • E. Application for Extension of Time to File Brief; Order 44.3
    • F. Appellant's Opening Brief 44.4
    • G. Appellant's Reply Brief 44.5
    • H. Respondent's Brief in Prosecution Appeal 44.6
    • I. Request for Transmission of Exhibits 44.7
    • J. Petition for Rehearing 44.8
    • K. Petition for Review 44.9

45

Federal Habeas Corpus Review of State Court Convictions

  • I. OVERVIEW
    • A. Companion Volume 45.1

46

Probation Revocations

  • I. OVERVIEW
    • A. Motion to Revoke Probation 46.1

47

Parole

  • I. OVERVIEW
    • A. Petition for Revocation (Judicial Council Form CR-300) 47.1

48

Mental Competence, Mental Defenses, and Related Issues

  • I. OVERVIEW
    • A. Companion Volume 48.1

49

Immunity for Testimony

  • I. OVERVIEW
    • A. Prosecution Petition to Compel Witness to Testify (Pen C §1324) 49.1

50

Extradition

  • I. OVERVIEW
    • A. Companion Volume 50.1

51

Advising Witnesses

  • I. OVERVIEW
    • A. Companion Volume 51.1

52

Representing the Noncitizen Criminal Defendant

  • I. OVERVIEW
    • A. Motion to Vacate Conviction (or Sentence) Under Penal Code §1473.7 52.1

53

Effect of a Criminal Conviction on Professional Licenses

  • I. OVERVIEW
    • A. Companion Volume 53.1

54

Death Penalty Cases

  • I. OVERVIEW
    • A. In Chambers Motion for Investigative and Expert Funds Under Pen C §987.9 54.1

55

Driving Under the Influence Cases

  • I. OVERVIEW
    • A. Companion Volume 55.1

56

Juvenile Delinquency Proceedings

  • I. OVERVIEW
    • A. Order to Seal Juvenile Records (Judicial Council Form JV-590) 56.1
    • B. Promise to Appear—Juvenile Delinquency (Juvenile 14 Years or Older) (Judicial Council Form JV-635) 56.2
    • C. Violation of Law by Child (Judicial Council Form JV-620) 56.3
    • D. Notice of Hearing—Juvenile Delinquency Proceeding (Judicial Council Form JV-625) 56.4
    • E. Waiver of Rights—Juvenile Delinquency (Judicial Council Form JV-618) 56.5
    • F. Juvenile Court Transfer Orders (Judicial Council Form JV-550) 56.6
    • G. Order to Transfer Juvenile to Criminal Court Jurisdiction (Welf § I C §707) (Judicial Council Form JV-710) 56.7
    • H. Order for Certification of Defendant/Youth to Juvenile Court for Welf § I C §707 Transfer Hearing 56.7A
    • I. Juvenile Wardship Petition (Judicial Council Form JV-600) 56.8
    • J. Supplemental Petition for More Restrictive Placement (Attachment) (Welf § I C §387) (Judicial Council Form JV-150) 56.9
    • K. Juvenile Notice of Violation of Probation (Judicial Council Form JV-735) 56.10
    • L. Petition to Modify, Change, or Set Aside Previous Orders—Change of Circumstances (Judicial Council Form JV-740) 56.11
    • M. Order for Victim Restitution (Judicial Council Form CR-110/JV-790); Abstract of Judgment—Restitution (Judicial Council Form CR-111/JV-791) 56.12
    • N. Notice of Appeal—Juvenile (Cal Rules of Ct 8.400) (Judicial Council Form JV-800) 56.13

57

Asset Forfeiture

  • I. OVERVIEW
    • A. Claim Opposing Forfeiture (Judicial Council Form MC-200) 57.1

58

Contempt

  • I. OVERVIEW
    • A. Companion Volume 58.1

CALIFORNIA CRIMINAL LAW FORMS MANUAL

(2d Edition)

August 2017

TABLE OF CONTENTS

 

File Name

Book Section

Title

CH01

Chapter 1

Preparing and Filing Motions and Other Papers; Criminal Law Practice Management

01-028

§1.28

Client Information Letter

01-029

§1.29

General Authorization

01-030

§1.30

Release of Medical Records

01-031

§1.31

Contract for Services of Consultant/Expert

CH03

Chapter 3

Right to Counsel; The Attorney-Client Relationship

03-001

§3.1

Legal Fee Agreement

03-003

§3.3

Letter Notifying Defense Counsel of Substitution of Counsel, and for Release of Information

03-005

§3.5

Motion to Remove Defense Counsel

03-006

§3.6

Defense Motion to Be Relieved as Counsel

CH04

Chapter 4

Arrest and Bench Warrants; Summons; Subpoenas

04-002

§4.2

Motion to Quash Subpoena (Duces Tecum)

CH05

Chapter 5

Release Procedures

05-001

§5.1

Motion to Increase Bail

05-002

§5.2

Motion to Reduce Bail

05-003

§5.3

Motion to Examine Source of Bail

CH06

Chapter 6

Arraignment

06-001

§6.1

Waiver of Defendant’s Personal Appearance (Felonies)

06-002

§6.2

Waiver of Personal Appearance (Sentencing)

06-003

§6.3

Guilty Verdict in Absentia

CH07

Chapter 7

Pleadings; Joinder and Severance

07-001

§7.1

Demurrer

07-002

§7.2

Opposition to Demurrer

07-003

§7.3

Motion to Sever Counts

07-004

§7.4

Opposition to Motion to Sever Counts

07-005

§7.5

Motion to Sever Codefendants

07-006

§7.6

Opposition to Motion to Sever Codefendants

CH08

Chapter 8

Preliminary Hearings

08-001

§8.1

Defense Motion to Close Preliminary Hearing, Seal Preliminary Hearing Transcript, and for Protective Order

08-002

§8.2

Prosecution Memorandum in Opposition to Defendant’s Motion to Close Preliminary Hearing, Seal Reporter’s Transcript of Preliminary Hearing, and Issue Protective Order

CH09

Chapter 9

Grand Jury

09-001

§9.1

Motion to Quash Indictment Based on Error in Grand Jury Composition

09-002

§9.2

Motion to Dismiss Indictment (Pen C §939.71)

09-003

§9.3

Request to Grand Jury and Prosecution to Consider Exculpatory Evidence

CH10

Chapter 10

Client Interview

10-001

§10.1

Client Interview Form

CH11

Chapter 11

Discovery

11-001

§11.1

Informal Defense Discovery Request

11-002

§11.2

Defense Motion to Compel Discovery

11-003

§11.3

Defense Motion for Sanctions

11-004

§11.4

Informal Prosecution Discovery Request

11-005

§11.5

Opposition to Prosecution Discovery Request

11-006

§11.6

Prosecution Motion to Compel Discovery

11-007

§11.7

Prosecution Motion for Sanctions

11-008

§11.8

Motion for In Chambers Appointment of Defense Expert

11-009

§11.9

Defense Motion to Preserve and Copy Tape (Harvey/Madden Motion)

11-010

§11.10

Defense Motion for Transfer of Evidence for Retesting

11-011

§11.11

Defense Motion to Dismiss Because of Destruction or Loss of Evidence (Trombetta/Youngblood Motion)

11-012

§11.12

Defense Motion for Discovery of Police or Custodial Officer Conduct (Pitchess Motion)

11-013

§11.13

Defense Motion for Discovery of Victim’s Violent Conduct

11-014

§11.14

Defense Ex Parte Motion for Production of Booking Photo or Latent Fingerprints

11-016

§11.16

Acknowledgment of Discovery

11-017

§11.17

Motion for Conditional Examination

CH13

Chapter 13

Motion to Set Aside Information or Quash Indictment

13-001

§13.1

Defense Motion to Dismiss Information Under Pen C §995

13-002

§13.2

Defense Motion to Quash Indictment Under Pen C §995

13-003

§13.3

Memorandum in Opposition to Motion to Dismiss Under Pen C §995

13-004

§13.4

Motion to Compel Reinstatement of Complaint (Pen C §871.5)

13-005

§13.5

Request for Preparation of Transcript

13-006

§13.6

Memorandum in Support of Motion to Reinstate Complaint

CH15

Chapter 15

Change of Venue

15-001

§15.1

Motion for Change of Venue

CH16

Chapter 16

Search and Seizure Motions

16-001

§16.1

Motion to Suppress Evidence Seized Without Warrant (Pen C §1538.5)

16-002

§16.2

Defense Motion to Quash Warrant and Suppress Evidence (Pen C §1538.5)

16-003

§16.3

Defense Motion to Controvert (Traverse) Search Warrant and to Suppress Evidence (Pen C §1538.5)

16-004

§16.4

Defense Memorandum in Support of Motion to Suppress Evidence Under Pen C §1538.5

16-005

§16.5

Prosecution Opposition to Defense Pen C §1538.5 Motion

16-006

§16.6

Defense Motion for Information on Contents of Search Warrant Affidavit (Luttenberger Motion)

16-007

§16.7

Prosecution Request for Special Search and Seizure Hearing (Pen C §1538.5(j))

16-008

§16.8

Motion for Return of Seized Property (Pen C §1536)

CH17

Chapter 17

Motion to Disclose Informant’s Identity

17-001

§17.1

Motion to Disclose Identity and Present Whereabouts of Informant or, Alternatively, to Dismiss

17-002

§17.2

Supplementary Defense Motion Concerning In Camera Hearing Procedures

CH18

Chapter 18

Selected Pretrial Motions

18-001

§18.1

Pretrial Notice of Motion, Notice of Motion and Motion, or Motion

18-002

§18.2

Memorandum in Support of Motion

18-003

§18.3

Declaration in Support of Motion

18-004

§18.4

Affidavit in Support of Motion

18-005

§18.5

Proposed Order

18-006

§18.6

Declaration of Service by Mail (Documents Deposited in Mail)

18-007

§18.7

Declaration of Service by Mail (Documents Placed for Collection and Mailing)

18-008

§18.8

Attorney Declaration of Service by Mail (Documents Deposited in Mail)

18-009

§18.9

Declaration of Service by Hand Delivery

18-010

§18.10

Application for Order Shortening Time; Order

18-011

§18.11

Memorandum Opposing Motion

18-012

§18.12

Motion to Disqualify (Recuse) Prosecutor’s Office for Bias and Prejudice

18-013

§18.13

Defense Motion for Discovery (Murgia Motion)

18-014

§18.14

Notice of Motion for Reconsideration and Supporting Memorandum

CH19

Chapter 19

Right to Speedy Trial

19-001

§19.1

Defense Motion to Dismiss (Due Process)

19-002

§19.2

Defense Motion to Dismiss (Speedy Trial)

19-003

§19.3

Defense Motion to Dismiss for Violation of Statutory Deadlines

19-004

§19.4

Notice of Intent to Withdraw General Time Waiver

19-005

§19.5

Demand by Prisoner to Dismiss Under Pen C §1381 or §1381.5

CH20

Chapter 20

Continuances

20-001

§20.1

Motion for Continuance

CH21

Chapter 21

Disqualification of Judge

21-001

§21.1

Peremptory Challenge

CH22

Chapter 22

Lineups and Identification

22-001

§22.1

Lineup Characteristics Chart

22-002

§22.2

Witness Identification Sheet

22-003

§22.3

Notice of Motion and Motion for Lineup (Evans Motion)

22-004

§22.4

Motion to Suppress Eyewitness Identification

22-005

§22.5

Prosecution Request for Lineup

CH23

Chapter 23

Confessions and Admissions

23-001

§23.1

Invocation of Right to Counsel

23-002

§23.2

Defense Motion to Suppress Statement as Product of Fourth Amendment Violation

23-003

§23.3

Defense Motion to Exclude Statement

CH24

Chapter 24

Prior Convictions and Uncharged Misconduct

24-001

§24.1

Defense Motion to Strike Prior Conviction

24-002

§24.2

Motion to Preclude Impeachment With Prior Conviction

CH26

Chapter 26

Pleas and Case Settlement

26-001

§26.1

Checklist: Felony Guilty Plea

CH27

Chapter 27

Deferred Entry of Judgment, Diversion, and Preplea Probation Report

27-001

§27.1

Declaration of Ineligibility for Deferred Entry of Judgment

CH29

Chapter 29

Jury Selection

29-001

§29.1

Jury Selection Chart

29-002

§29.2

Sample Jury Questionnaire

29-002A

§29.2A

Sample Jury Questionnaire: Capital Case

29-004

§29.4

Sample Questions (No Questionnaire): Sexual Molestation of Boys

29-005

§29.5

Sample Questions (No Questionnaire): Rape of Woman by Former Boyfriend

29-006

§29.6

Sample Questions (No Questionnaire): Murder of Infirm Family Member

29-007

§29.7

Sample Questions (No Questionnaire): Murder of an Infant

CH30

Chapter 30

Preparation and Presentation of Case and Argument

30-001

§30.1

Trial Checklist

CH31

Chapter 31

Selected Trial Motions

31-001

§31.1

Motion In Limine to Exclude Evidence

31-002

§31.2

Application for Order for Temporary Removal of Prisoner and for His or Her Production as Witness

31-003

§31.3

Request for Judicial Notice at Trial

31-004

§31.4

Order Concerning Defendant During Trial

CH32

Chapter 32

Jury Instructions

32-001

§32.1

Request for Jury Instructions

32-002

§32.2

Objections to Instructions

CH37

Chapter 37

Felony Sentencing

37-001

§37.1

Petition to Recall Sentence and to Resentence Pursuant to the Three Strikes Reform Act of 2012 (Pen C §1170.126)

CH40

Chapter 40

Victim Restitution

40-001

§40.1

Notice of Appearance and Victim’s Requests for Notice Prior to Pretrial Disposition, Notice of Sentencing and Right to Be Heard

40-002A

§40.2A

Memorandum in Support of Restitution

40-003

§40.3

Declaration of Attorney in Support of Restitution Order for Attorney Fees Incurred by Victim

40-003A

§40.3A

Memorandum in Support of Prompt Restitution

40-003B

§40.3B

Memorandum in Support of Motion to Modify Restitution

40-005

§40.5

Supplemental Restitution Order

40-008

§40.8

Order to Probation Department in Regard to Collection of Restitution Payments

CH41

Chapter 41

Trial Counsel’s Duties After Judgment

41-003

§41.3

Application for Appointment of Counsel on Appeal (Felony)

41-005

§41.5

Statement of Points to Be Raised on Appeal and Designation of Additional Record (Pen C §1240.1)

41-006

§41.6

Defense Motion to Reduce Felony to Misdemeanor After Probation Granted (Pen C §17(b)(3))

41-007

§41.7

Application to Dismiss After Probation Successfully Completed (Pen C §1203.4)

41-008

§41.8

Application to Dismiss Misdemeanor After Probation Not Granted and Sentence Served (Pen C §1203.4a)

41-009

§41.9

Petition to Seal and Destroy Records and for Declaration of Factual Innocence (Pen C §851.8)

41-010

§41.10

Motion in Trial Court for Bail Pending Appeal and for Stay of Execution of Judgment (Felony Case)

41-011

§41.11

Prosecution Motion to Revoke Bail on Appeal

41-012

§41.12

Motion to Dismiss Nonviolent Drug Possession Offense (Pen C §1210.1(d))

CH42

Chapter 42

Writs in California State Courts

42-001

§42.1

Petition for Writ of Mandate/Prohibition in Court of Appeal

42-002

§42.2

Petition for Review in California Supreme Court

42-004

§42.4

Petition for Writ of Habeas Corpus (Attorney-Drafted)

42-005

§42.5

Petition for Writ of Mandate Under Pen C §871.6 in Superior Court

CH43

Chapter 43

Misdemeanor Appeals

43-003

§43.3

Appellant’s Opening Brief

43-004

§43.4

Respondent’s Brief

43-005

§43.5

Appellant’s Reply Brief

43-006

§43.6

Petition for Rehearing and Application for Certification

CH44

Chapter 44

Felony Appeals

44-001

§44.1

Motion to Compel Trial Counsel to Provide Client File

44-001A

§44.1A

Letter to Correct the Record

44-001B

§44.1B

Motion to Augment the Record

44-002

§44.2

Voluntary Dismissal of Appeal

44-003

§44.3

Application for Extension of Time to File Brief; Order

44-004

§44.4

Appellant’s Opening Brief

44-005

§44.5

Appellant’s Reply Brief

44-006

§44.6

Respondent’s Brief in Prosecution Appeal

44-007

§44.7

Request for Transmission of Exhibits

44-008

§44.8

Petition for Rehearing

44-009

§44.9

Petition for Review

CH46

Chapter 46

Probation Revocations

46-001

§46.1

Motion to Revoke Probation

CH49

Chapter 49

Immunity for Testimony

49-001

§49.1

Prosecution Petition to Compel Witness to Testify (Pen C §1324)

CH52

Chapter 52

Representing the Noncitizen Criminal Defendant

52-001

§52.1

Motion to Vacate Conviction (or Sentence) Under Penal Code §1473.7

CH54

Chapter 54

Death Penalty Cases

54-001

§54.1

In Chambers Motion for Investigative and Expert Funds Under Pen C §987.9

 

Selected Developments

August 2017 Update

For the current update, we reviewed developments in case law, legislation, and court rules. Summarized below are the more important developments reflected in this update.

Proposition 64 (Control, Regulate, and Tax Adult Use of Marijuana Act), passed on November 6, 2016, created a new vehicle to petition for recall and resentencing or to apply for redesignation and dismissal of specified marijuana-related convictions under Health & S C §11361.8. See §41.13 for information on this development.

Proposition 57 (Public Safety and Rehabilitation Act of 2016), passed on November 6, 2016, eliminated both mandatory and discretionary direct filing of charges against minors in adult criminal court. Only the juvenile court has jurisdiction over all those who commit crimes while under the age of 18; even those who were awaiting trial when Proposition 57 passed are to be certified to the juvenile court for a Welf & I C §707 transfer hearing. See §§56.3 and 56.7 for more information on these developments.

Newly enacted Pen C §1473.7, which became effective on January 1, 2017, created a vehicle to vacate a conviction or sentence for (1) those who suffered actual or potentially adverse immigration consequences as a result of a plea or (2) those who have newly discovered evidence of actual innocence. Since Padilla v Kentucky (2009) 559 US 356, 130 S Ct 1473, this is a vehicle that can be used when trying to vacate convictions that have the consequence of deportation. See chap 52 for more information on this development.

About the Authors

MICHAEL BEGOVICH, update author of Chapter 29 in previous updates, received his B.A. from the University of California, Davis, in 1981, summa cum laude and Phi Beta Kappa, and his J.D. from the University of California, Hastings College of the Law, in 1985. He is a Deputy Public Defender with the San Diego County Primary Public Defender's Office, currently assigned to a felony trial team. Mr. Begovich also is an adjunct professor at Thomas Jefferson School of Law in San Diego, teaching Trial Practice and Advanced Trial Advocacy. He is former Chair of the Executive Committee of the State Bar's Criminal Law Section and is currently an Adviser. Mr. Begovich was the Deputy Director of the San Diego County Office of Assigned Counsel for 3 years, managing one of the largest conflict panel programs for indigent criminal defendants in California. Before joining the San Diego Public Defender's office in 1988, he worked in an AV-rated civil law firm. Rated AV by Martindale-Hubbell, Mr. Begovich provides ongoing MCLE training for the State Bar, San Diego County Bar, and his office in areas relating to trial practice. In addition, he is the author of Chapter 29 on jury selection in California Criminal Law Procedure and Practice (Cal CEB Annual) and of two chapters in California Criminal Sentencing Enhancements (Cal CEB).

JONATHAN GROSSMAN, update author of Chapters 42 and 44 in previous updates, received his B.A. in 1988 from the University of California, Berkeley, and his J.D. from the University of California, Hastings College of the Law, in 1991. Mr. Grossman was a Deputy Public Defender in San Joaquin County and is currently a staff attorney with the Sixth District Appellate Program. Mr. Grossman is the update coauthor with Mr. Allen R. Crown of Chapter 42, "Writs in California State Courts," in California Criminal Law Procedure and Practice (Cal CEB Annual) and is the update author of Chapter 44, "Felony Appeals," in California Criminal Law Procedure and Practice (Cal CEB Annual).

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