What does PC 859a mean?

According to California Penal Code Section 859(a), a felony plea can be accepted in a municipal court by a magistrate, instead of being accepted by a judge in a superior court. The magistrate then certifies a copy of the proceedings to the superior court wherein judgment will be pronounced.

What does sentencing pursuant to PC 859a?

Penal Code 859a is a procedural section, related to the way a judge takes the plea and referral to the probation for a presentence report.

What is a 995 PC motion?

A PC 995 motion to dismiss is a legal motion seeking the dismissal of a criminal case based on section 995 of the Penal Code. It is filed after a “preliminary hearing” in a felony case.

What is a 1118 motion?

Penal Code 1118 allows a lawyer to file a motion for a new trial. The court in California may then re-try a criminal case with a new jury if the judge grants a motion for a new trial. Note that filing a motion for a new trial and appealing a decision of the court are not the same thing.

What is 187 a PC?

What is murder? California Penal Code § 187(a) defines murder as an act, with malice, that causes the death of another person (or fetus) without a lawful excuse or legal justification. It is a strike offense under the California “Three Strikes Law” that specifies certain violent or serious felonies.

Is 591.5 PC a felony?

California Penal Code 591.5 PC makes it a crime for a person maliciously to damage or obstruct a communication device in order to prevent a person from using it to seek help. This is a misdemeanor punishable by up to one year in jail and a fine of up to $1000.00.

What is a 1050 PC filed?

Penal Code 1050 PC is the California statute that sets forth the procedures for filing a continuance. A 1050 motion to continue is a request by a party in a criminal case to postpone a court date. The date can be for a pretrial matter or a trial.

What is the PC for child endangerment?

Penal Code 273a PC
The crime of child endangerment is described under California Penal Code 273a PC as willfully exposing a child to unjustifiable pain, suffering, or danger. You can face criminal charges under this statute if you subject a child to an unreasonable risk of being harmed, even if they are not physically injured.

What is a 995 hearing?

A 995 motion (pronounced “nine-nine-five”) is essentially an appeal of the preliminary hearing judge’s decision to bind the case over for trial. Technically it is known as a “motion to set aside the information.” “Information” is the legal name for the criminal complaint in a California felony prosecution.

What is a 1118.1 motion?

Section 1118.1 requires the trial court in a jury trial on its own motion or the motion of the defense to acquit the defendant if at the close of the case of either party the evidence is insufficient to sustain conviction on appeal.

What does 187 mean in rap?

murder
187 is slang for “murder.” 187 is a term associated with hip-hop songs dealing with topics of crime or gang violence.

What is PC 664 187 A?

California Penal Code Sections 664 and 187 provide a straightforward definition of attempted murder as follows: “The attempted unlawful killing of another person, or a fetus, with malice aforethought.”

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