My question involves criminal law for the state of California:
I try to help a friend in prison with the following question:
In California, you can file a 995(b) motion to dismiss the case for lack of probable cause after your preliminary hearing. If denied, you can then appeal your denial pre-trial in accordance with Penal Code 999(a). These are facts. The question is: does a timely filed motion pursuant to 999(a) to dismiss the case for lack of probable cause remove subject matter jurisdiction from the trial court pending completion of the pre-trial appeal- and can you continue the pre-trial appeal through federal levels of appellate review?
You can respond to his blog: http://ift.tt/2rAweYH
Thank you!
I try to help a friend in prison with the following question:
In California, you can file a 995(b) motion to dismiss the case for lack of probable cause after your preliminary hearing. If denied, you can then appeal your denial pre-trial in accordance with Penal Code 999(a). These are facts. The question is: does a timely filed motion pursuant to 999(a) to dismiss the case for lack of probable cause remove subject matter jurisdiction from the trial court pending completion of the pre-trial appeal- and can you continue the pre-trial appeal through federal levels of appellate review?
You can respond to his blog: http://ift.tt/2rAweYH
Thank you!
Pretrial Motions: 995(B) Motion
Aucun commentaire:
Enregistrer un commentaire