Sentencing Under Pc 859a

Yes, under California Penal Code 859a, a district attorney can amend the charges at a preliminary hearing. The defendant can then proceed to plead guilty or no contest. However, the sentencing hearing usually requires more time and cannot be held immediately.
Do you need information on how to challenge or address amended charges?

To challenge or address amended charges:
- You can file a motion to dismiss the amended charges if there's insufficient evidence.
- You may request a continuance to prepare your defense.
- Consult with a criminal defense attorney to explore all legal strategies.
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You can file a "Penal Code * motion" to dismiss the amended charges for insufficient evidence. This motion challenges the legality of the charges based on the evidence presented at the preliminary hearing.
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To file a Penal Code * motion in California:
- Draft the Motion: Include the case details, charges, and argument for insufficient evidence.
- File with the Court: Submit the motion to the court where your case is being heard.
- Serve the DA: Ensure the district attorney receives a copy.
- Attend the Hearing: Present your arguments at the scheduled hearing.
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You can file a Penal Code * motion after the preliminary hearing, once the judge has held you to answer on the charges. This motion must be filed before the trial begins.
Do you need more specific information on filing the motion while incarcerated?

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To withdraw a plea in California, you can file a "Motion to Withdraw Plea" under Penal Code *. This motion must be filed before sentencing or within six months if you can show good cause, such as:
- Mistake
- Ignorance
- Incompetence
- Duress
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To withdraw a plea under Penal Code *:
- Draft the Motion: Include the case details and reasons for withdrawal.
- File with the Court: Submit the motion to the court handling your case.
- Present Evidence: Show good cause for withdrawal, such as mistake or duress.
Do you need more information on preparing the motion?

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To prepare a Motion to Withdraw Plea under Penal Code *:
- Draft the Motion: Detail the case, plea, and reasons for withdrawal.
- File with the Court: Submit to the court handling your case.
- Present Evidence: Show good cause, like mistake or duress.
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To file a Penal Code * motion while incarcerated in California:
- Draft the Motion: Include case details, charges, and arguments for insufficient evidence.
- File with the Court: Submit the motion to the court where your case is being heard.
- Serve the DA: Ensure the district attorney receives a copy.
- Attend the Hearing: Present your arguments at the scheduled hearing.
Would you like more details on any specific step?

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In California, a Penal Code * motion is typically drafted by hand or typed rather than using a specific form. Ensure you include all necessary details:
- Case details
- The charges
- Arguments for insufficient evidence
Would you like more detailed information on drafting this motion?

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Sure, here is a general template for a Penal Code * motion:
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[Your Name]
[Your Address]
[Your City, State, ZIP Code]
[Your Phone Number]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
[Case Number]
PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff,
v.
[Your Name],
Defendant.
NOTICE OF MOTION AND MOTION TO SET ASIDE INFORMATION (PENAL CODE SECTION *)
TO THE HONORABLE JUDGE OF THE ABOVE-ENTITLED COURT:
PLEASE TAKE NOTICE that on [Date of Hearing], or as soon thereafter as the matter may be heard, in Department [Department Number] of the above-entitled court, located at [Court Address], the defendant, [Your Name], by and through [Your Attorney/Yourself], will move this Court for an order setting aside the information filed on [Date Information Filed] against defendant. This motion is made pursuant to Penal Code Section * on the grounds that the evidence presented at the preliminary hearing was insufficient as a matter of law to hold the defendant to answer for the charges.
This motion is based on this notice, the attached memorandum of points and authorities, the records and files of this case, and any further evidence and argument that may be presented at the hearing.
DATED: [Date]
Respectfully submitted,
[Your Name]
Defendant in Pro Per
MEMORANDUM OF POINTS AND AUTHORITIES
I. STATEMENT OF FACTS
[Provide a brief summary of the case and the charges filed against you.]
II. LEGAL STANDARD
[Explain the legal basis for a Penal Code * motion, including relevant case law.]
III. ARGUMENT
[Provide detailed arguments on why the evidence presented at the preliminary hearing was insufficient to support the charges.]
IV. CONCLUSION
For the foregoing reasons, the defendant respectfully requests that this Court grant the motion to set aside the information pursuant to Penal Code Section *.
DATED: [Date]
Respectfully submitted,
[Your Name]
Defendant in Pro Per
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Yes, a public defender can refuse to file a * motion if they believe it lacks merit or is not in the client's best interest. If you disagree with their decision, you can:
- Request a Marsden hearing to replace the public defender.
- File the * motion yourself.
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Yes, a Penal Code * motion can be filed after the preliminary hearing once the judge has held the defendant to answer on the charges, but it must be filed before the trial begins.
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To file a Penal Code * motion after the preliminary hearing:
- Draft the motion with case details, charges, and arguments.
- Submit to the court handling your case.
- Serve a copy to the district attorney.
- Attend the scheduled hearing.
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In your situation, it generally makes more sense to file the Motion to Withdraw Plea first. If successful, this will restore your case to the point before the plea, allowing you to reconsider how to approach the * motion.
Would you like more detailed information on filing the Motion to Withdraw Plea?

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To file a Motion to Withdraw Plea:
- Draft the Motion: Include case details, plea, and reasons for withdrawal, like mistake or duress.
- File with the Court: Submit to the court handling your case.
- Present Evidence: Show good cause for withdrawal.
Would you like more details on drafting or filing this motion?

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To obtain discovery for criminal charges in Kern County, California:
- Request Through Attorney: Your defense attorney can request discovery from the prosecution.
- Pro Per Motion: If representing yourself, file a motion for discovery with the court.
- Discovery Compliance: Both parties must comply with discovery rules under California Penal Code Sections *-*.*.
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California Penal Code Sections *-*.* outline discovery procedures in criminal cases. Key points include:
- Both prosecution and defense must disclose evidence.
- The prosecution must provide the defendant with access to evidence that is material to the case.
- Non-compliance can result in sanctions.
Do you need more details on any specific section?

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Yes, charges can still be filed even if items were not on the inventory list, but their admissibility as evidence can be challenged. Here’s what you can do:
- File a motion to suppress evidence under Penal Code *.*.
- Argue that the evidence was obtained unlawfully or not listed on the inventory.
Would you like more detailed information on filing a motion to suppress evidence?

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To file a motion to suppress evidence under Penal Code *.*:
- Draft the Motion: Include case details, the evidence to be suppressed, and the legal basis.
- File with the Court: Submit the motion to the court handling your case.
- Serve the DA: Ensure the district attorney receives a copy.
- Attend the Hearing: Present your arguments.
Would you like more detailed information on drafting or filing this motion?

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California Penal Code Sections *-*.* outline the discovery procedures in criminal cases:
- *: The prosecution and defense must disclose evidence.
- *.*: The prosecution must provide material evidence.
- *.*: The defense must disclose evidence intended for trial.
- *.*: Procedures and timelines for compliance.
Would you like more details on any specific section?

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To provide more detailed information on California Penal Code Sections *-*.*:
- *: General provisions on discovery in criminal cases.
- *.*: Specifies what evidence the prosecution must disclose to the defense.
- *.*: Details the evidence the defense must disclose to the prosecution.
- *.*: Discusses the enforcement of discovery rules and sanctions for non-compliance.
- *.*: Timelines for disclosure and procedures for compliance.
Would you like more specifics on any of these sections?

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Under California Penal Code *.*, the prosecution must disclose the following evidence to the defense:
- Statements of the defendant.
- Statements of witnesses.
- Real evidence seized or obtained as part of the investigation.
- Any exculpatory evidence.
- Relevant documents or recordings.
- Any prior felony convictions of witnesses.
- Any reports of the defense's statements made during the investigation.
Would you like more details on the specific evidence disclosures?

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Under Penal Code *.*, the prosecution must disclose the following specific evidence to the defense:
- Statements of the defendant.
- Statements of witnesses.
- Real evidence obtained during the investigation.
- Any exculpatory evidence.
- Relevant documents or recordings.
- Prior felony convictions of witnesses.
- Reports of the defense's statements made during the investigation.
Would you like more details on any particular type of evidence disclosure?

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Under California Penal Code *, a Motion to Withdraw Plea must be filed:
- Before Sentencing: You can file at any time before the sentencing hearing.
- After Sentencing: You have six months to file if you can show good cause like mistake, ignorance, or duress.
Would you like more details on preparing or filing this motion?

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To prepare or file a Motion to Withdraw Plea:
- Draft the Motion: Include case details, plea, and reasons for withdrawal like mistake or duress.
- File with the Court: Submit to the court handling your case.
- Present Evidence: Show good cause for withdrawal.
Would you like more details on drafting the motion?

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To draft a Motion to Withdraw Plea:
- Draft the Motion: Detail the case, the entered plea, and your reasons for withdrawal (e.g., mistake, ignorance, duress).
- File with the Court: Submit the motion to the court handling your case.
- Present Evidence: Provide evidence to support your reasons for withdrawal.
Would you like a template for the Motion to Withdraw Plea?

Case Rating: *
Sure, here's a template for a Motion to Withdraw Plea:
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[Your Name]
[Your Address]
[Your City, State, ZIP Code]
[Your Phone Number]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
[Case Number]
PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff,
v.
[Your Name],
Defendant.
NOTICE OF MOTION AND MOTION TO WITHDRAW PLEA (PENAL CODE SECTION *)
TO THE HONORABLE JUDGE OF THE ABOVE-ENTITLED COURT:
PLEASE TAKE NOTICE that on [Date of Hearing], or as soon thereafter as the matter may be heard, in Department [Department Number] of the above-entitled court, located at [Court Address], the defendant, [Your Name], by and through [Your Attorney/Yourself], will move this Court for an order allowing the defendant to withdraw his/her plea of [Guilty/No Contest], entered on [Date Plea Entered]. This motion is made pursuant to Penal Code Section * on the grounds that the plea was entered as a result of [mistake, ignorance, duress, or any other valid reason].
This motion is based on this notice, the attached memorandum of points and authorities, the records and files of this case, and any further evidence and argument that may be presented at the hearing.
DATED: [Date]
Respectfully submitted,
[Your Name]
Defendant in Pro Per
MEMORANDUM OF POINTS AND AUTHORITIES
I. STATEMENT OF FACTS
[Provide a brief summary of the case, the plea entered, and the reasons for withdrawal.]
II. LEGAL STANDARD
[Explain the legal basis for a Penal Code * motion, including relevant case law.]
III. ARGUMENT
[Provide detailed arguments on why the plea should be withdrawn, citing evidence of mistake, ignorance, duress, etc.]
IV. CONCLUSION
For the foregoing reasons, the defendant respectfully requests that this Court grant the motion to withdraw the plea pursuant to Penal Code Section *.
DATED: [Date]
Respectfully submitted,
[Your Name]
Defendant in Pro Per
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Would you like more detailed information on any specific part of this template?