What is the burden of release upon a promise to appear?

California, United States of America


The following excerpt is from Bellante v. The Superior Court Of Kern County, No. KM019112A, NO. S-1500-AP-721 (Cal. App. 2010):

release upon a promise to appear. Obviously, the typical delay involves a defendant's failure to make the promised appearance. Such a failure necessarily satisfies the People's burden to justify the delay and put it at the feet of the defendant, requiring a Barker analysis by the court. (See Ogle v. Superior Court (1992) 4 Cal.App.4th 1007.) Here, the rare circumstance is presented where the People concede that no justification for delay was presented by competent evidence, nor is any shown by the record.1

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