In what circumstances will there be no due process violation if an infraction hearing is held without the presence of a prosecutor?
California, United States of America
The following excerpt is from People ex rel. Kottmeier v. Municipal Court, 220 Cal.App.3d 602, 269 Cal.Rptr. 542 (Cal. App. 1990):
In People v. Carlucci, supra, 23 Cal.3d 249, 152 Cal.Rptr. 439, 590 P.2d 15, the court held that there was no due process violation if an infraction hearing was held without the presence of the prosecutor. It further expressly held that no such violation existed by the fact that the trial
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