Blog: Litigation

Dismissal without prejudice means a situation in which a is dismissed, but the petitioner is not necessarily precluded from later refiling it. This can occur in a criminal case and criminal procedures, though it is more common for civil cases to be dismissed without prejudice. Plaintiffs who have had their case dismissed without prejudice can …

Yes. A judge can deny bail if an offense is punishable by death, if there is a parole hold, or if there is a public safety exception. The “public safety exception” allows preventive detention. It applies to certain classes of felonies and felony sexual assault offenses. If the charge is for any other offense, bail …

If someone is charged with a felony in California, a preliminary hearing is an examination of the evidence to determine: whether a crime has been committed; and whether there is “sufficient cause” to believe the accused committed it. Sufficient cause means that after hearing the evidence, a person of ordinary caution or prudence would believe …

A bench warrant (“BW”) issued in California does not expire. It remains in effect until either: the subject of the warrant dies, or the warrant gets cleared. In California, a person can clear a BW by either: appearing in court before the judge, or possibly having the party’s attorney appear in court on his behalf. …

Defendants in California can no longer be required to “pay back” public defender fees unless they ultimately get convicted in the case.  Senate Bill 355 stops courts from ordering that exonerated defendants repay public defender or court-appointed counsel regardless of the outcome at trial. Of course, defendants are contractually-bound to pay private attorneys under the terms …