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California Criminal Defense Practice
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-1 California Criminal Defense Practice 1.syn


The California Defense Advocate


Michael G. Millman;Charles M. Sevilla;and Barry Tarlow;Beth F. Holzman

Chapter Summary


This chapter covers the major aspects of criminal defense advocacy. It discusses the constitutional right to counsel and offers suggestions for retained counsel including advice on fee arrangements and client interviews. Further, it outlines the law governing public defenders and court-appointed counsel. The chapter considers some of the more perplexing ethical problems confronting defense counsel, including client perjury and representation of multiple defendants. It discusses the attorney-client privilege and the defendant's constitutional right to proceed in propria persona (the right to represent oneself rather than hire an attorney). It also examines the rules governing association, substitution, and withdrawal of retained and appointed counsel. The chapter contains a checklist and various forms for representing a criminal defendant at trial or on appeal, including a Notice of Motion for Appointment of Particular Counsel and a client interview sheet.

Designed for practical application, California Criminal Defense Practice (Matthew Bender) provides in-depth analysis, court-tested strategies, and procedural guidance on every step of criminal defense. From search and seizure and arrest, through pretrial preparation, trial procedure, sentencing, and post-trial remedies, California Criminal Defense Practice is an unparalleled source of insight and expertise. It includes sample forms that can be readily adapted to the case at hand and step-by-step checklists for efficient evaluation of problems and review of procedures.


California criminal defense,California defense advocate,criminal defense advocacy,public defenders in California,court-appointed counsel in California,in propria persona,client perjury,representation of multiple defendants,multiple defendants,association of counsel,substitution of counsel,withdrawal of retained counsel,withdrawal of appointed counsel


See Chapter 42 for information on arraignment, pleas, and plea bargaining. For further discussion of experts and investigators, and the procedure for obtaining their appointment, see Chapter 70. For further coverage of the right to counsel on appeal and the appointment of counsel on appeal, see Chapter 101.


See California Criminal Discovery (Matthew Bender) for practical discussion on virtually every criminal discovery subject that's likely to confront the courts and the criminal practitioner.

See Cotchett, California Courtroom Evidence (Matthew Bender) for the complete updated California Evidence Code, legislative history on each section, Law Revision Commission comments on most sections, relevant, insightful case annotations, and practical pointers from Joseph W. Cotchett, a highly regarded California trial lawyer and expert on evidentiary matters.

See California Trial Guide (Matthew Bender) for substantive and procedural guidance to the evidentiary issues encountered throughout the trial process, including alternative actions before and during trial; jury selection; and motions and objections relating to direct and cross-examination.

See California Juvenile Courts Practice and Procedure (Matthew Bender) for practical guidance on every aspect of California Dependency and Delinquency Law, along with the complete text of relevant state and federal statutes, codes, rules and regulations.

See Prosecutorial Misconduct (Matthew Bender) for a comprehensive and scholarly analysis of every prosecutorial abuse, along with expert litigation plans for use in state and federal courts.
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