Case Management Hearing Details

Summary

During a case management hearing for a first-degree felony in California, the court reviews the cases progress, sets or adjusts dates for future procedures, and may discuss possible plea agreements. Certain felonies can be reduced to misdemeanors under Penal Code 17(b), but first-degree burglary is generally treated as a felony. Video evidence and the presence of peace officers or arresting officers are typically not required at this stage. If a defendant fails to appear, a bench warrant may be issued. Proper courtroom decorum is essential, and any disruptive or intimidating behavior, such as staring, can be reported to the bailiff. Note-taking is generally permitted, but the use of electronic devices depends on the courts policy.

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what happens at a case management hearing for a first degree felony
Hello Kelley, during a case management hearing for a first-degree felony in California:
- The court reviews the case's progress.
- The court may set or adjust dates for future procedures.
- The defense and prosecution may discuss possible plea agreements.
Remember, this is just general information. For specifics, consult a legal professional.
can the felony become a misdemeanor
Hello Kelley, in California, certain felonies can be reduced to misdemeanors under Penal Code *(b). Factors considered include the nature of the offense, your criminal history, and your conduct since conviction. Please consult with a legal professional for specific advice.
What felonies can be reduced to a misdemeanor
In California, under Penal Code *(b), certain "wobbler" crimes can be reduced from felonies to misdemeanors. These include, but are not limited to:
- Grand theft
- Forgery
- Assault with a deadly weapon
- Certain drug offenses
Please consult a legal professional for a comprehensive list and specific advice.
what is grand theft
In California, grand theft is defined under Penal Code *. It occurs when the stolen property's value exceeds $*. This includes money, labor, or real or personal property. Remember, this is general information. For specifics, consult a legal professional.
what punishment is mandated when breaking into and entering a residence in CA
In California, breaking into and entering a residence is considered burglary, under Penal Code *. The penalties can include:
- For first-degree burglary: *, *, or 6 years in prison.
- For second-degree burglary: 1 year in county jail or 16 months, * or 3 years in prison.
Remember, this is general information. Consult a legal professional for specifics.
what is second degree burglary
In California, second-degree burglary, also known as commercial burglary, is defined under Penal Code *. It is a burglary committed in any building that is not a dwelling. The penalties can include up to 1 year in county jail or 16 months, * or 3 years in prison.
is first degree burglary ever changed to misdemeanor in CA
In California, first-degree burglary is generally treated as a felony and is not eligible for reduction to a misdemeanor under Penal Code *(b). However, legal outcomes can vary. Consult with a legal professional for specific advice.
Does video of the burglary always guarantee first degree felony
In California, video evidence of a burglary can be compelling, but it doesn't automatically guarantee a first-degree felony. The determination depends on factors such as:
- The nature of the crime
- The property burglarized (residential vs non-residential)
- Intent
- Prior convictions
Consult with a legal professional for specific advice.
will degree of felony be determined at case management
In California, the degree of a felony may not be definitively established at the case management stage. It's a procedural hearing, primarily for managing case progress. The degree of felony is typically determined based on evidence presented during trial or plea negotiations. Always consult a legal professional for case-specific advice.
will video evidence be shown at case management
In California, video evidence is typically not shown at a case management hearing. This phase is more about discussing case progress, setting dates, and potential plea deals. Evidence like videos is usually presented during trial. Always consult a legal professional for case-specific advice.
will peace officers be present at case management
In California, peace officers may or may not be present at a case management hearing. It depends on the specifics of the case and the court's rules. However, they are generally not required to be present. Always consult a legal professional for case-specific advice.
wiil arresting officers be present at case management
In California, arresting officers are not typically required to be present at a case management hearing. Their presence depends on the specifics of the case and the court's rules. Always consult a legal professional for case-specific advice.
what if defendant does not show up for case management
In California, if a defendant fails to appear at a case management hearing, the court may issue a bench warrant for their arrest. This can lead to additional criminal charges and penalties. It's important to consult with a legal professional for case-specific advice.
can defendant stare at people in the courtroom
In California, a defendant has the right to observe who is in the courtroom. However, if staring becomes disruptive, intimidating, or disrespectful, the judge may intervene. It's essential to maintain proper courtroom decorum. For specifics, consult a legal professional.
what is considered intimidating staring
In California, intimidating staring could be considered as behavior that causes reasonable fear for one's safety or distress. However, it would ultimately be up to the judge's discretion to determine if the behavior is disruptive or inappropriate in a courtroom setting.
what is proper courtroom decorum
In California, proper courtroom decorum involves:
- Dressing appropriately.
- Arriving on time.
- Showing respect to all court personnel.
- Refraining from eating, drinking, or chewing gum.
- Keeping electronic devices turned off.
- Not talking out of turn or disrupting proceedings.
- Addressing the judge as "Your Honor".
can I tell the bailiff the defendant is staring at me if the judge or his attorney don’t notice
In California, you can inform the bailiff if you feel uncomfortable or intimidated by the defendant's behavior in the courtroom. The bailiff's job is to maintain order and security in the courtroom, and they can address the issue appropriately.
how do I inform the bailiff
In California, you can discreetly approach the bailiff during a break or write a note and ask to have it delivered to the bailiff. Make sure to describe the issue clearly and respectfully. Always consult a legal professional for case-specific advice.
can I take notes during case management
In California, taking notes during a case management hearing is generally permitted. It's a good way to keep track of court dates, decisions, and other important details. However, remember to do so quietly and respectfully, without disrupting proceedings.
can I type notes on my phone, or must they be hand written
In California, it depends on the court's policy. Some courts allow electronic devices for note-taking, while others may prohibit them. It's best to check with the court in advance or ask the bailiff for clarification. Answer:
how to I check with the bailiff
In California, you can check with the bailiff by asking them directly, either before or after the hearing, or during a break. If the court is in session and you have an urgent question, you can write a note and pass it to them. Always be respectful and discreet.