Who can file and prosecute criminal charges against persons believed to have committed a crime? - correct answerCounty District Attorney or State Attorney General
Defendant (in criminal case) - correct answerA person charged with a criminal offense
In whose name are cases filed against a pers...
Who can file and prosecute criminal charges against persons believed to have committed a crime? -
correct answerCounty District Attorney or State Attorney General
Defendant (in criminal case) - correct answerA person charged with a criminal offense
In whose name are cases filed against a person charged with a criminal offense? - correct answerCases
are filed in the name of PEOPLE OF THE STATE OF CALIFORNIA against the person charged with a crime
What are the US and CA Constitutional guarantees to one charged with a crime? - correct answerThe
right :
1. To a speedy and public trial by court or jury
2. To appear in person and with counsel (an attorney)
3. To produce witnesses on his or her behalf and to be confronted with the witnesses against him or her
in the presence of the Court and jury and cross-examine those witnesses
4. not to testify (known as "right against self-incrimination")
Felony? - correct answerA felony is a crime punishable by incarceration in the State prison for one year
or longer, and is prosecuted in the Supreme Court by way of a Grand Jury, or by an "information" filed
by the District Attorney
(examples: murder, manslaughter, robbery, burglary, grand theft, forgery, arson, rape, and sale of
narcotics)
Misdemeanor - correct answerAll other crimes that aren't felonies or infractions. They are punishable by
fine and/or imprisonment in the County Jail (not State Prison) for a period of less than one year.
(examples: simple assault, battery, petty theft, possession of small amounts of narcotics, disturbing the
peace and violations of some City or County ordinances.
, Infraction - correct answer1. Minor violations of City or County ordinances (a citation - "a ticket" is
usually given and the punishment is usually a fine or assignment to public service or both)
2. Not punishable by imprisonment
Habeas Corpus - correct answerprinciple that a person cannot be held in prison without first being
charged with a specific crime
Writ of Habeas Corpus - correct answerA court order requiring jailers to explain to a judge why they are
holding a prisoner in custody.
Writ - correct answerA court order
Return (having to do with a Writ) - correct answerthe official upon who the writ is served must make a
return stating the reason the person has been imprisoned (?? page 2, number 3)
proceeding on hearing - correct answerAfter a Writ of habeas corpus is filed and a return is made, the
court then proceeds to hear such proof in favor or against detention. If no legal cause is shown, the
court may excuse the accused from custody ( or the court must remand the individual to the custody of
the offical).
What courts can issue a Writ? - correct answerIn California, the Superior Courts, District Courts of
Appeal and the Supreme Court may issue writs.
Bail - correct answerA defendant may be allowed bail after a criminal charge has been filed against
him/her, as a matter of right, UNLESS the charge is punishable by death and the presumption of guilt is
evident. However, the court has the discretion to set bail.
Admission to Bail - correct answerthe order that the defendant be out of custody and given bail
Deposit in lieu of bail - correct answerThe defendant may have to deposit money in order to get bail
own recognizance (related to bail) - correct answerWhen a person is granted bail and does not have to
deposit money; they just make a promise to appear at the court hearings.
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