Does unlawful detention entitle a defendant to misdemeanor treatment?
California, United States of America
The following excerpt is from People v. Hoze, 16 Cal.App.3d 671, 94 Cal.Rptr. 360 (Cal. App. 1971):
[16 Cal.App.3d 677] No case has been decided, and we have found none, which would equate unlawful Detention to unlawful arrest, and therefore entitle a defendant to misdemeanor treatment. (See People v. Muniz, supra, 4 Cal.App.3d at p. 569, fn. 6, 84 Cal.Rptr. 501.) We need not decide that question here for two reasons.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of section 27706(a) of the California Criminal Code on the appointment of a public defender to defend a defendant in an appeal from a misdemeanor conviction? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Is a defendant entitled to appeal against his conviction for unlawfully taking a vehicle? (California, United States of America)
Is a non-capitalized defendant entitled to the same procedural protections as a capital defendant? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Can a defendant appeal against a finding that the judgment against him in the Superior Court of Appeal against him was unlawful, unlawful, unjustified, and unjustified? (California, United States of America)
Is a defendant entitled to damages if the prosecutor improperly commented upon defendant's failure to testify? (California, United States of America)
What is the test for making a Defendant pay a Defendant's unlawful detainer? (California, United States of America)
Is a third strike defendant entitled to the same sentence as a second strike defendant? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
