CHAPTER 4. CRIMINAL

4.1 Applicability of Rules

The rules stated in this chapter shall govern all proceedings in criminal cases. (eff. 6/30/91)

4.2 Araignment

Upon the defendant's first appearance for arraignment defendant will be expected to enter a plea to the information or indictment. Defendant's entry of a plea wll not constitute a waiver of defendant's right to demur to the accusatory pleading or otherwise attack it or purse a motion under Penal Code §995 or a motion under Penal Code §1538.5 or any other pre-trial motion. The objective of this system is to procure the defendant's plea at the earlist possible time and to deal with other pre-trial matters at a later time. If, on arraignment, the defendant requires it, defendant will ordinarily be allowed a continuance of one day for entry of plea. Note should be taken of rule 227.4, California Rules of Court. (eff. 6/30/91)

4.3 Omnibus Motion Hearing

At the time the defendant's not guilty plea is entered, the case will be set for an omnibus motion hearing on the third following weekly criminal calendar. At that hearing the court will consider every pre-trial motion that the People and the defendant desire to make. Note should be taken of the provisions of rule 227.5, California Rules of Court. (eff. 6/30/91)

4.4 Readiness Conference

At the time the defendant's not guilty plea is entered, the case will be set for readiness conference on the fourth following weekly criminal calendar. At the conference counsel for the People and for the defendant will be expected to advise the court either that a) the defendant desires to change defendant's plea to one which is acceptable to the People, or that b) there is no possibility of a disposition of the case without trtial. The conference will be attended by those lawyers who will try the case. Before the conference, they will have conferred among themselves and thier respective clients with the objective of achieving a disposition of the case. Note should be taken of the provisions of rule 227.6, California Rules of Courts.

After the readiness conference, the court normally will not grant a defendant's motion to change defendant's plea, except to allow the defendant to plead guilty to every charge contained in the information or indictment upon which defendant was originally arraigned, and normally will not allow an amendment to the information or indictment which would increase the charges, enhancements or potential punishment presented by the original information or indictment. (eff. 6/30/91)

4.5 Trial Setting

At the time of defendant's not guilty plea is entered, the case will be set for trial during the fifth following week.

4.6 Transcripts of Recordings Required as Condition for Use of Recording in Evidence

Whenever it is proposed to offer in evidence a sound recording, such as a tape recording or cassette recording, it will be necessary that there be presented to the trial judge, at the commencement of the trial, a typewritten transcript of the recording.

This is necessary in order to:

a) Afford the judge a reasonable opportunity to exercise the judge's discretion (see People v. Hall, 112 Cal.App.3d 123, 126-127; People v. Demery, 104 Cal.App.3d, 548, 558-559) whether to admit the recording in evidence; and,

b) Provide a mechanism for ruling on objections to portions of the recording and excising objectionable portions; and,

c) Enable the judge and jury to better comprehend a recording which, often, is of poor quality; and

d) Enable a reviewing court to consider claims of error relating to the admission of a recording. (eff. 6/30/91)