JA Quiz 2 Flashcards
Types of Accusatory Pleadings
Infractions and Misdemeanors: Citation, Complaint; Felonies: Complaint, Information, Indictment
9 Advisements at Arraignment
Speedy trial, Nature of Accusation, Cross-Examine Witnesses, Subpoena Witnesses, Counsel, Reasonable Bail, Preliminary Hearing (Felonies), Citizenship Rights, Military/Veterans Rights
Types of Pleas
Not Guilty, Guilty, No Contest/Nolo Contendere, Once in Jeopardy, Former Judgment of Acquittal (Double Jeopardy), Not Guilty by Reason of Insanity
Statutory Time for Trial
Misdemeanors/Infractions: In Custody = 30 days, Out of Custody = 45 days; Felonies: Preliminary Hearing = 10 court days, Jury Trial = 60 calendar days from arraignment on information
Types of Custody Status
Own Recognizance, On Bail, Remand
Waiving Time
Allows the hearing to be set beyond statutory time limit
Demurrer
Formal response to the accusatory pleading attacking the technical merits
Definition of Warrant
Order to any peace officer to arrest a person and bring them to court
Types of Warrants
Ramey Warrant, Search Warrant, Arrest Warrant, Bench Warrant, Attachment for Defaulter (Body Attachment)
Common Terms Relating to Warrants
BW Issued, BW Recalled & BW Quashed, BW Issued & Held, BW Pick-Up, BW Surrender/Walk-In, BW Released
Bench Warrant vs. Arrest Warrant
Bench Warrant: Issued for failure to appear; Arrest Warrant: Issued before first court appearance
Who Can Sign Warrants
Only magistrates (judges); Commissions and Pro Tems may not sign
How to Add a Bench Warrant to Calendar
Added through Odyssey
Common Mistakes with Warrants
Wrong defendant, Wrong amount, Failure to issue within 24 hours
Arrest Warrant Definition
Written order commanding law enforcement to apprehend a person
Two Ways an Arrest Warrant is Issued
Complaint filed seeking an arrest warrant, Defendant fails to appear after notification
JA’s Role in Warrants
Issue warrants, Work with CSA III or courtroom assistant
Bond or Citation Failure to Appear
Bench warrant is issued
Arrest Warrant Guidelines
Judge signature required, Felonies can be served anytime, Misdemeanors/Infractions cannot be served 10pm-6am
Bench Warrant Definition
Court order commanding law enforcement to apprehend a defendant
Common Grounds for Bench Warrants
Failure to appear after release on OR, Bail, or Court order
Attachment for Defaulter (Body Attachment)
Warrant for non-defendants like witnesses, jurors, attorneys
Requirements for Issuing Warrants
Issue within 24 hours, Notate type & date, Store properly
Requirements for Recalling Warrants
Calendar hearing in CMS, Use same hearing type, Complete minute order with correct macro
