Practice Exam Questions

Question 1

A court may grant DEJ if it determines?

Answer 1

That the defendant will benefit from DEJ

Question 2

What must a defendant do prior to pleding to DEJ?

Answer 2

1. Consents to the procedures
2. Pleads guilty to the charges
3. Waives time for entry of judgment

Question 3

How long can DEJ be deferred for?

Answer 3

A minimum of 18 months

A maximum of 3 years

Question 4

If the following happens, a court may make a finding of guilt, enter the judgment, and schedule a sentencing hearing?

Answer 4

1. If the defendant fails the drug program
2. Is arrested and convicted of any felony or misdemeanor which reflects a propensity for violence
3. Or engages in criminal conduct that renders him unsuitable for DEJ

Question 5

A defendant is eligible for DEJ is all of the following apply:

Answer 5

1. No convictions for any offense involving drugs prior to the current case
2. The offense charged did not involve a crime of violence or threat of violence.
3. No evidence of a violation relating to narcotics other than listed in this subdivision
4. No record of probation or parole having been revoked without thereafter being completed
5. No record of successfully or being terminated from DEJ within the last 5 years
6. No felony convictions from the past 5 years

Question 6

When must a DDA give written notice regarding DEJ?

Answer 6

A DDA must give written notice to the court, counsel, and the defendant whenever the defendant is eligible for DEJ

Question 7

What must be explained to the defendant prior to him getting DEJ?

Answer 7

The defendant must be explained the procedure and the role of the DA, the court, and the probation department regarding DEJ/

Question 8

What must a DDA do if the defendant is ineligible for DEJ?

Answer 8

DDA may give either written notice or explain on the record that the defendant is ineligible for DEJ.

Question 9

Processing wiretaps

Answer 9

MND is responsible for coordinating the approval, preparation and execution of all wiretaps

Question 10

Emergency wiretaps requested after business hours

Answer 10

Any DDA contacted after business hours by law enforcement regarding the process of an emergency wiretap shall instruct the officer to immediately call the DA Command Post. The Command Post will contact the HD of MND.

Question 11

Notification of Wiretap Investigation to Other Divisions

Answer 11

When MND is requested to assist law enforcement in processing a non-narcotics related wiretap, the assigned MND DDA shall notify the HD, AHD, or DIC of the division responsible.

Question 12

How and what shall a MND DDA inform the HD, AHA, or DIC of the other division?

Answer 12

MND DDA shall send via e-mail:

1. Name and telephone of I/O
2. Agency investigating crime
3. Name of the target
4. Name of criminal street gang

Question 13

What shall the MND DDA instruct law enforcment on a non-narcotics related wiretap?

Answer 13

MND DDA shall instruct I/O to contact the HD, AHD, or DIC of the appropriate division

Question 14

MND DDA and Documentation on Non-Narcotic Wiretaps

Answer 14

MND DDA shall provide a copy of the wiretap Confidential Memo and all six day reports to the HD, AHD, or DIC

Question 15

Offenses Apropriate for Office Hearing

Answer 15

1. Battery-not if seious injury, gang related, or weapon
2. Neighborhood disputes
3. Trepass
4. Loitering
5. Regulatory Violations

Question 16

After the defendant is aquitted, and the judge wants to make a determination of factual innocence:

Answer 16

The judge may make a determination of factual innocence without any further hearing

Question 17

If the defendant makes a 1538.5 motion at the preliminary hearing, and it is denied, but they renew it at a special hearing

Answer 17

1. People may recall witnesses
2. The hearing is limited to the transscript
3. Defense may not offer new evidence unless it shows that the evidence could not have reasonably been presented at the preliminary hearing.