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  #1  
Old 11-18-2020, 07:37 PM
hopefulspirit hopefulspirit is offline
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Default Intro--hopefulspirit from California

Trying to wrap my head around all this legal stuff and found this forum.


This whole process is so confusing and stressful and no one seems to really explain anything, not even to the person in custody.

So I am trying to figure out a basic timeline so I can see where things are at for us currently.

There was the arrest, and then the hearing for the arraignment and then another hearing for them to state what the charges were and the evidence they assert was found. Now the other hearing is coming up, but no one can (or will) tell us WHAT exactly the next hearing is for.

What is this process? At what point will they be asked to plead? Shouldn't the inmate know what is coming with more time to prepare than less than 24 hours before their hearing? Is the timeline/process/steps laid out anywhere?

Thank you in advance.
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Old 11-18-2020, 08:01 PM
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They should have already pled either innocent or guilty, as well as already retained an attorney or been assigned a Public Defender by the court. During the court process, defendants are often, but not always offered a plea deal. Plea deals do not have to be accepted. If not accepted, a trial will be necessary. There is no exact timeline, but unless the docket is a rocket docket, there is more than 24 hours to prepare. Attorney's file motions on their client's behalf all the time, for many, many reasons (examples: suppression of evidence, compel discovery). Its part of the process.


If you look up the court docket, I would think that the type of hearing would be included in the information. Click on the county to look up your friend's court dates:


https://www.courts.ca.gov/find-my-co...=browse_courts



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Old 11-18-2020, 09:04 PM
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Thank you for the link!

It looks like it is a settlement conference .... if they are offered a plea, do they get time to consider? What if they are innocent but the evidence looks bad? Whats the difference between not guilty, no contest and guilty in a general sense?
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Old 11-18-2020, 09:05 PM
hopefulspirit hopefulspirit is offline
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There is a chance it could go federal so not sure if that might come into play with a settlement conference?
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Old 11-18-2020, 09:53 PM
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A settlement hearing? Is this a civil or criminal case?

A plea deal can be offered to the defendant through the attorney, who will then discuss it with the client. Sometimes its offered just before the client's name is called for court and is rushed, with no time to really consider the plea thoroughly (IMHO).

No Contest or an Alford Plea have the same effect as a guilty plea and the defendant is still guilty in the eyes of the law.




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Old 11-18-2020, 10:18 PM
hopefulspirit hopefulspirit is offline
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Its criminal. I am not sure what happens during a settlement conference.


I understand that no contest is considered the same as not guilty but does the following process change?

Like what happens after they plead no contest or guilty? Are they then immediately sentenced? Is there another hearing for the sentencing? Can it go federal after making a plea?

If they plead not guilty then it can go to trial I assume and it can go federal if they choose to as well, correct?
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Old 11-18-2020, 10:41 PM
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Quote:
Originally Posted by hopefulspirit View Post
I understand that no contest is considered the same as not guilty but does the following process change?
"No Contest" means that you do not dispute the facts yet are not admitting guilt. Then you're sentenced The conviction still goes on your record, same as a guilty plea or a conviction in court. As I understand it though, it cannot be used against you in future proceedings, such as a lawsuit filed by the victim of the crime charged.


EDIT: I believe one can waive a sentencing hearing and be sentenced then & there. Usually, at least here in KY, if you do not waive sentencing it could be at least a couple of weeks (or longer) before one is sentenced.


Many of the questions you ask may be specific to California. Procedures are often a tad different state-to-state.

http://www.legislature.ca.gov/laws_a...stitution.html
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Last edited by patchouli; 11-18-2020 at 10:46 PM..
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Old 11-18-2020, 11:12 PM
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Thank you.
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Old 11-19-2020, 05:28 AM
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Welcome to Prison Talk. Why do you think his case might go federal? The US Government can indict him at any time for the same criminal activity as the State can, using their own statute, which amounts to "legally acceptable double jeopardy". If so, he is facing two different cases, each with their own penalties, in two different courtrooms. That is usually a really bad thing unless the State drops their case, which they don't have to do.
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Old 11-19-2020, 03:00 PM
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I think the state would dismiss the case if the feds decided to pick it up. At least that's what I've been told. I have no idea if that is true or not.
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Old 11-19-2020, 04:04 PM
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Hopefulspirit....that's a beautiful username. I like that. Take it one day at a time and always know that you're not alone. We're here for you and we're people from all over the world. You are our sister in this world. You're not alone in this....always remember that.
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Old 11-20-2020, 11:37 AM
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thank you - this is so scary and depressing and i feel absolutely powerless in all of it.
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Old 11-20-2020, 05:42 PM
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Quote:
Originally Posted by hopefulspirit View Post
thank you - this is so scary and depressing and i feel absolutely powerless in all of it.
Its very much a one day at a time endeavor in which you don't take on more than you can handle in a day's time. Don't worry about what you can't change. Look for the good in each day and let it be. With time all this will work itself out. You'll gain confidence in yourself and a sense of acceptance that comes in time. You'll be fine. I promise.
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