What is the test for reducing criminal charges to misdemeanors at a preliminary hearing?

California, United States of America


The following excerpt is from People v. Superior Court of Orange Cnty., 181 Cal.Rptr.3d 901, 232 Cal.App.4th 1199 (Cal. App. 2015):

The People argued that People v. Silva (1995) 36 Cal.App.4th 231, [43 Cal.Rptr.2d 8] makes it very clear that once the court issues a bindover at preliminary hearing it loses jurisdiction to ... reduce [the charges] to misdemeanors prior to the adjudication. The People stated that [a]t this point the defendant has to plead a felony, and the court in its sentencing discretion can ... reduce it to a misdemeanor, but the court does not have the option to take a plea to a misdemeanor at this point in the proceeding because the defense did not make the motion at the appropriate time.

[181 Cal.Rptr.3d 905]

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