Absent A Stipulation, A Commissioner Lacks the Authority to Rule on an Issue Contested by the Criminal Defense Attorney
A Defendant refused to sign a stipulation giving a commissioner the authority to continue a preliminary hearing. In Harutyunyan v. Superior Court, the California Appellate Court held that while a commissioner can hear uncontested matters, the commissioner had no authority to continue the preliminary hearing on a contested issue absent a stipulation.
Wallin & Klarich criminal defense attorneys in California know what it takes to defend their client’s procedural rights such as the one described above and that could mean the difference between successfully defending your own case or losing it. Call now to speak to an experienced criminal law attorney at Wallin & Klarich.
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