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Re: [tips_and_tricks] Re: DA advice to police

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  • frogfrmr@frogfarm.org
    ... Calif. Penal code section 988: 988. The arraignment must be made by the court, or by the clerk or prosecuting attorney under its direction, and consists
    Message 1 of 10 , Jul 25, 2012
      > I have not been on this forum in quite some time.  I believe you supplied
      > the criteria for a proper arraignment once on this forum.  I could be
      > wrong.  Would you be kind enough to supply your criteria(or checklist)
      > for a proper arraignment(knowing you are in California)?
      >  
      > regards,
      >  
      > Moisha Pippik
      >

      Calif. Penal code section 988:

      988. The arraignment must be made by the court, or by the clerk or
      prosecuting attorney under its direction, and consists in reading the
      accusatory pleading to the defendant and delivering to the defendant
      a true copy thereof, and of the endorsements thereon, if any,
      including the list of witnesses, and asking the defendant whether the
      defendant pleads guilty or not guilty to the accusatory pleading;
      provided, that where the accusatory pleading is a complaint charging
      a misdemeanor, a copy of the same need not be delivered to any
      defendant unless requested by the defendant.



      Breaking it down:

      988. The arraignment ... consists in reading the
      accusatory pleading to the defendant

      They never do it. They summamrize it, interpret it, read parts of it, but
      never will they read all of it, and nobody (else) makes them do it.

      delivering to the defendant a true copy thereof, and of the endorsements
      thereon, if any,

      A true copy is a certified copy. Nobody (else) ever requires it from them.
      also, the "copy" they hand you is one that is unsigned. If it were really
      a true copy it would be void for that alone.

      including the list of witnesses

      Nobody (else) ever asks for that. Maybe it comes out that there are no
      witnesses!

      and asking the defendant whether the
      defendant pleads guilty or not guilty to the accusatory pleading;
      provided, that where the accusatory pleading is a complaint charging
      a misdemeanor, a copy of the same need not be delivered to any
      defendant unless requested by the defendant.

      Under section 990 you have time to answer. Nobody ever takes it. Nobody
      ever demands a copy. So they seldom see the no signature part.

      Regards,

      FF
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