What is a 977 motion?
What is a 977 motion?
Penal Code 977 PC is the California statute that allows defendants to waive their presence in court for most misdemeanor proceedings. give up their right to personally appear in court, and. have their criminal defense lawyer appear on their behalf.
What does waived court mean?
The defendant can “waive” the right to a speedy trial (called a waiver or “waives time”). This means s/he agrees to have the trial after the 60-day period. Before the trial starts, the lawyers choose a jury. During the trial, witnesses may testify and the lawyers present evidence.
How long does it take to expunge a felony in California?
about 4-5 months
A typical timeframe to complete the expungement of a felony in California is about 4-5 months. Cases are heard by the courts in the order in which they were filed. File the forms at the court in the county where you were convicted.
What is in the best interest of justice?
The interest of justice refers generally to the cause of fairness and equity used when a judge has discretion to making a ruling in a particular situation. It is a term that is very subjective and interpretation will vary based upon the facts and people involved.
What does it mean to dismiss a case in the interest of justice?
Dismissal in the interest of justice allows a court to dismiss a procedurally proper, but unjust or unjustifiable, cause of action. Thus, dismissing cases in the interest of justice can provide a check where few exist for overzealous prosecutions, race-based patrolling, and overuse of “three strikes” laws.
Which is a common reason for a defendant to waive the preliminary hearing?
Which of the following is a common reason for a defendant to waive the preliminary hearing? all of these: He/she has already decided to plead guilty.
What is a penal code 17B motion to reduce felony?
What is a Penal Code 17b motion to reduce a felony to a misdemeanor? A Penal Code 17 (b) motion in California is where a defendant petitions the court to reduce a felony offense to a misdemeanor. This is only possible if the felony is a wobbler, meaning the offense could have been originally charged as either a misdemeanor or a felony.
How do I get relief under PC 17(B)?
The most common way to get relief under PC 17 (b) is under section (3) above. You are eligible to petition the Court to have your Felony case reduced to a misdemeanor case if your original conviction was a wobbler offense. This means that your charge could either have been a felony or misdemeanor offense at the time you were charged.
What are the requirements for a PC 17(b) reduction?
PC 17 (b) only has three requirements that must met for your felony to be eligible for reduction: 1 The felony conviction must be what is known as a “wobbler.” 2 You must have been given probation, and not sent to state prison. If you served any time in state prison you are not eligible to reduce your felony. County jail is not state prison.
What is a 17(B) motion in California?
A Penal Code 17 (b) motion in California is where a defendant petitions the court to reduce a felony offense to a misdemeanor. This is only possible if the felony is a wobbler, meaning the offense could have been originally charged as either a misdemeanor or a felony.
