In what circumstances will a district attorney be successful in a motion seeking to withdraw a no bail order?

California, United States of America


The following excerpt is from Alhusainy v. Superior Court, 143 Cal.App.4th 385, 48 Cal.Rptr.3d 914 (Cal. App. 2006):

In the prayer, petitioner asks that the trial court be ordered "to withdraw the `no bail' order ...," but the issue is not briefed. In response to the district attorney's argument that petitioner cannot prevail because he failed to challenge the order in the trial court, petitioner maintains he did make such a request. However, he does not point to anything in the record to substantiate this assertion. Based on the failure to brief the issue and to cite to the record, we treat the claim as waived. (People v. Stanley (1995) 10 Cal.4th 764, 793, 42 Cal.Rptr.2d 543, 897 P.2d 481; Cal. Rules of Court, rules 14(a)(1)(B) & (C), 33.)

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