criminal case in ca how long attorney on the hook

How long does the prosecutor have to file charges in California?

If the defendant is not in custody at the arraignment, the trial must start within 45 days of arraignment or plea, whichever is later. The defendant can “waive” (give up) the right to a speedy trial. This means the defendant agrees to have the trial after the …

Do I need a lawyer for a criminal case in California?

Aug 17, 2010 · There's no firm rule on the subject. One opinion from the Los Angeles Bar Association says an attorney in a criminal case should retain the client's file as long as the client is alive. However, you're in a somewhat different position. The file in a case belongs to the client, and your attorney asked you if you wanted yours when the case was over.

Can a client discharge an attorney of record in California?

Mar 21, 2017 · Just because a person moved and did not receive the notice doesn’t get him or her off the hook and is not an excuse when he or she gets arrested on the outstanding bench …

Where can I find the rules of court in California?

The mission of the Division of Criminal Law is to uphold the Attorney General’s constitutional responsibility to represent the People of California in criminal cases. Our Division is organized into the following six sections: Appeals, Writs and Trials handles post-conviction proceedings, including prosecuting felony criminal appeals in state court and representing the state in

How long can you go to jail for a felony?

Felonies. A felony is the most serious kind of crime. If found guilty, the defendant can be sent to jail or prison for a year or more , or even receive the death penalty for very serious crimes. Defendants convicted of felonies are usually sent to state prison for sentences of 16 months or more.

What happens when a government file a criminal case?

A criminal case happens when the government files a case in court to punish someone (the defendant) for committing a crime. If the defendant is found guilty of a crime, he or she may face jail or prison.

What is the right to a lawyer?

READ FIRST: In any criminal case other than most infractions, where the potential for jail or prison time exists, a defendant has the right to be represented by an attorney, even if the defendant cannot afford one. In criminal infraction cases, a defendant also has the right to a lawyer if he or she is arrested and NOT released on his or her written notice to appear, on his or her own recognizance, or after a deposit of bail. The reason is that a criminal proceeding is complicated, and the consequences, besides incarceration (jail or prison time), can be severe. For example, a conviction can result in deportation for noncitizens or prevent a legal resident alien from becoming a citizen.

What is criminal court?

Criminal court is where you go when the state believes you have committed a crime and it files charges against you. Generally, the District Attorney’s Office represents the state. Each county has its own District Attorney’s Office.

Do you need a lawyer for a felony?

Lawyers in Criminal Court. In any misdemeanor or felony criminal case (and any infraction where you have been arrested and NOT released on your written notice to appear, on your own recognizance, or after a deposit of bail), you should have a lawyer.

What happens if you lose a civil case?

If someone loses a civil case, they may be ordered to pay the other side money or to give up property, but they will not go to jail just for losing the case. In a criminal case, the government must prove the defendant’s guilt “beyond a reasonable doubt.”.

What is an infraction in criminal law?

Types of Criminal Cases. An infraction is a minor violation. Many traffic violations are infractions. The punishment for infractions is usually a fine, and if the defendant pays the fine, there is no jail time.

Victor Peter Obninsky

I think th rule is "reasonableness." A will file of a living person should be retained until needed. I believe records of ongoing clients and/or businesses should be retained indefinitely. I have been practicing 40 years ans I kept all my files and only rarelt needed them.

Robert Lee Marshall

There's no firm rule on the subject. One opinion from the Los Angeles Bar Association says an attorney in a criminal case should retain the client's file as long as the client is alive.

What happens if a victim does not cooperate with the DA?

But if the victim does not cooperate, the DA can still prosecute the abusive person. If the victim does not want there to be a criminal restraining order, he or she can explain to the district attorney why he or she believes it would be best, given the circumstances, not to pursue a criminal restraining order.

What happens if a defendant pleads not guilty?

If the defendant pleads guilty or no contest, the judge can sentence him or her immediately. The victim has a right to be present and speak to the judge at this time. Pretrial conference (misdemeanor cases only) If the defendant pleads not guilty, the judge will set a date for a pretrial conference.

What are the conditions of release?

Other common conditions of release include participation in a batterer intervention program and substance abuse treatment. Violation of the Conditions of Release.

How long does an EPO last?

Police officers can get EPOs 24 hours a day. Tell the police officer what happened and why you are afraid. An EPO can last up to 7 days.

Can a victim be a witness?

The victim may be a witness. The court can require (or "subpoena") the victim to come to court. If the victim does not go to court as ordered, the court can put him or her in custody to make sure the victim will be in court to testify. If the court does not issue a subpoena, the victim does not have to go to court.

What is presentence report?

The report describes the crime and the defendant's personal history and criminal record. It includes the defendant's statement and the victim's views about the crime.

What is probation officer?

If the defendant is put on court probation, the court will monitor the defendant's compliance with the court orders. Formal probation. If the defendant is put on formal probation, a probation officer (or "PO") is assigned to supervise the defendant.