California Pretrial Discovery Requirements

Summary

Under California law, pretrial discovery should include all evidence, including photos and search warrants, as per Penal Code Section 1054.1. If these are missing, it may be grounds for a motion to compel or dismiss. If your defense attorney is not acting, consider filing a complaint with the California State Bar or seeking a new attorney. Post-conviction relief options include appeals and motions to vacate convictions. If a judge is changed without notice, discuss with your attorney and possibly file a motion. For pro bono or sliding scale attorneys in Stanislaus County, contact Central California Legal Services or the California State Bar Lawyer Referral Service. Legal aid societies and law school clinics may also offer assistance.

Full Conversation

in california law when in a pretrial for a criminal hearing shouldnt the discovery include photos of said evidence one is being accused of
Hi Shannon,
Yes, under California law, during a pretrial for a criminal hearing, the discovery process should include all evidence the prosecution intends to use, including photographs.
- The prosecution must disclose evidence under California Penal Code Section *.*.
- This includes any relevant evidence, such as photos, documents, and witness statements.
Is there a particular issue you’re encountering with your case?
yes
Hi Shannon,
I'm sorry to hear you're having issues with your case. Can you please provide more details about the specific problem you're encountering with the discovery process? This will help me give you more accurate information.
during pretrial not one party had a copy pf such the search warrant that brought forth the evidence being heard and reason for the pretrial hearing , also there were no pictures in discovery of evidence that the pre trial hearing is for
Hi Shannon,
Thank you for providing more details. Under California Penal Code Section *.*, the prosecution is required to disclose all relevant evidence, including search warrants and photos. Lack of such disclosure can be grounds for a motion to compel or dismiss.
Have you or your attorney filed any motions regarding this issue yet?
the issue is the defense attorney did nothing to defend in this case
Hi Shannon,
I understand your concern. If your defense attorney failed to act, you might consider filing a complaint with the California State Bar or seeking a new attorney.
- California Penal Code Section *.* requires disclosure of all relevant evidence.
- Inadequate defense can be grounds for an appeal or post-conviction relief.
Would you like more information on how to proceed?
yes but explain post conviction relief please
Hi Shannon,
Post-conviction relief allows a convicted person to seek a review of their case after the trial and sentencing. This can be done through:
- Filing an appeal.
- Requesting a new trial.
- Seeking a writ of habeas corpus.
- Filing a motion to vacate the conviction.
Would you like more details on any specific type of relief?
ok what woould be bthe best way to go about handling this sitiutation first heres where we are at , last court hearing his defense attorney quit , never gave him notice just said he couldnt continue working this case, so now we are left to find new counsel but the court appointed public defender but we want private attorney
Hi Shannon,
I'm sorry to hear about your situation. To address your current issue, here are some steps you can take:
- **Immediately seek a private attorney:** Research and contact private attorneys who specialize in criminal defense.
- **Request a continuance:** Ask the court for more time to find a private attorney.
- **File a complaint:** Consider filing a complaint against the previous attorney with the California State Bar.
Would you like more information on finding a private attorney in your area?
also in the middle of the pretrial they switched judges without notice keep in mind this case is already over 2 years into it
Hi Shannon,
Switching judges without notice during a pretrial can be concerning, but it may happen due to various reasons, such as scheduling conflicts or reassignments. Here are some general points to consider:
- You have the right to be informed about any changes in your case.
- If you believe this change has prejudiced your case, discuss it with your new attorney.
Would you like assistance in understanding how to address this judge change in your case?
yes
Hi Shannon,
To address the judge change during your pretrial, consider these steps:
- **Consult your new attorney:** Discuss the impact of the judge change on your case.
- **Request an explanation:** Your attorney can request a reason for the judge change.
- **File a motion:** If you believe the change was unfair, your attorney may file a motion to address it.
Would you like help finding a new private attorney?
yes but how can we get a referral to pro bono private attorney not public defender
Hi Shannon,
To get a referral to a pro bono private attorney in California, you can:
- Contact local bar associations, such as the State Bar of California.
- Reach out to legal aid organizations like Legal Aid Foundation of Los Angeles or Bay Area Legal Aid.
- Utilize referral services like the California Lawyers Association's Pro Bono Directory.
Would you like contact information for any specific organization?
one that can help us in our county which is stanislaus county
Hi Shannon,
For pro bono private attorney referrals in Stanislaus County, you can contact:

Central California Legal Services (CCLS)


Phone: (*) *-*
Address: * Fulton Street, Suite *, Fresno, CA *
Website: www.centralcallegal.org

Would you like more assistance with anything else?
how exactly do we obtain a list of attorneys taking probono cases in our area
Hi Shannon,
To obtain a list of attorneys taking pro bono cases in Stanislaus County, you can:
- Contact Central California Legal Services (CCLS) at (*) *-*.
- Visit the California State Bar's website and use their Pro Bono Directory.
- Reach out to local bar associations for referrals.
Would you like more details on any of these steps?
yes what do i say when i call them
Hi Shannon,
When you call Central California Legal Services (CCLS), you can say:
"Hello, my name is Shannon, and I am seeking assistance in finding a pro bono attorney for a criminal defense case in Stanislaus County. Could you please provide me with a list of attorneys or guide me on how to find one?"
Would you like help with anything else?
ok cool do you know of any other kind of funding from other resources that may be available to help cover costs for legal fees we can utilize for low income families
Hi Shannon,
For additional funding to help cover legal fees for low-income families in California, consider the following resources:
- **Legal Aid Societies:** They often provide free or low-cost legal services.
- **Law School Clinics:** Many law schools offer free legal assistance through their clinics.
- **Crowdfunding:** Websites like GoFundMe can be used to raise funds for legal fees.
Would you like contact information for any specific legal aid societies or law school clinics in your area?
sure
Hi Shannon,
Here are some resources for legal aid societies and law school clinics in your area:

Stanislaus County Legal Aid Society


Phone: (*) *-*
Address: * 14th St, Modesto, CA *
Website: www.stanislauscountylegalaid.org

University of the Pacific, McGeorge School of Law Clinics


Phone: (*) *-*
Address: * Fifth Ave, Sacramento, CA *
Website: www.mcgeorge.edu/clinics

Would you like more information on any other resources?
what about attorneys who accept payments ona sliding scale for low income
Hi Shannon,
For attorneys who accept payments on a sliding scale for low-income individuals in California, you can:
- Contact the **California State Bar Lawyer Referral Service** and specify your need for sliding scale fees.
- Reach out to **local bar associations** for referrals to sliding scale attorneys.
- Inquire with legal aid organizations like **Central California Legal Services (CCLS)**.
Would you like contact information for any specific organization?
yes please
Hi Shannon,
For attorneys who accept payments on a sliding scale, you can contact:

California State Bar Lawyer Referral Service


Phone: (*) *-*
Website: www.calbar.ca.gov

Central California Legal Services (CCLS)


Phone: (*) *-*
Website: www.centralcallegal.org

Would you like more information or assistance with anything else?
How do I obtain a general list of lkawyers that do accept pro bono cases in my area for criminal law defense
Hi Shannon,
To obtain a general list of lawyers who accept pro bono cases in Stanislaus County for criminal law defense, you can:
- Contact Central California Legal Services (CCLS) at (*) *-*.
- Visit the California State Bar's website and use their Pro Bono Directory.
- Reach out to local bar associations for referrals.
Would you like more information on any of these steps?
yes
Hi Shannon,
Here is how you can obtain a general list of lawyers who accept pro bono cases in Stanislaus County for criminal law defense:
*. **Contact Central California Legal Services (CCLS):**
- Phone: (*) *-*
- Website: www.centralcallegal.org
*. **Visit the California State Bar's website:**
- Use their Pro Bono Directory to find attorneys in your area.
*. **Reach out to local bar associations:**
- They can provide referrals to attorneys who handle pro bono cases.
Would you like more detailed instructions on any of these steps?
yes
Hi Shannon,
Here are detailed instructions for each step to obtain a list of pro bono attorneys in Stanislaus County:
*. **Contact Central California Legal Services (CCLS):**
- **Phone:** (*) *-*
- **Website:** [www.centralcallegal.org](http://www.centralcallegal.org)
- **Instructions:** Call the provided number and explain that you are seeking a list of pro bono attorneys for a criminal defense case in Stanislaus County.
*. **Visit the California State Bar's website:**
- **Website:** [www.calbar.ca.gov](http://www.calbar.ca.gov)
- **Instructions:** Navigate to the Pro Bono Directory section on the website. Use the search function to filter for pro bono criminal defense attorneys in your area.
*. **Reach out to local bar associations:**
- **Instructions:** Contact local bar associations like the Stanislaus County Bar Association. Ask for referrals to attorneys who handle pro bono criminal defense cases.
Would you like further assistance with any of these steps?
COULD YOU GIVE ME A LIST OF COMPLAINT REVIEWS ON ATTORNEY jOHN nOONAN
Hi Shannon,
I’m sorry, but I can't provide specific complaint reviews for individual attorneys. However, you can check for any disciplinary actions or complaints against Attorney John Noonan by visiting the California State Bar's website and using their Attorney Search feature.
Would you like more information on how to do this?
YES
Hi Shannon,
To check for disciplinary actions or complaints against Attorney John Noonan, follow these steps:
*. **Visit the California State Bar's website**: [www.calbar.ca.gov](http://www.calbar.ca.gov)
*. **Navigate to the Attorney Search section**.
*. **Enter the attorney's name (John Noonan)**.
*. **Review the information provided**, including any disciplinary actions or complaints.
Would you like further assistance with anything else?