What is the proper remedy for failing to provide sufficient evidence of probable cause?
California, United States of America
The following excerpt is from People v. Reyes-Cruz, G057313 (Cal. App. 2020):
Without sufficient evidence of probable cause, the proper remedy is to remand the matter to the trial court to determine whether the prosecution has any additional evidence that would constitute probable cause, and we shall issue the appropriate instructions to the trial court. (People v. Butler, supra, 31 Cal.4th at p. 1129.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel? (California, United States of America)
What is the legal test for failing to provide sufficient evidence to convict an aider and abettor under the doctrine of natural and probable consequences? (California, United States of America)
Is an affidavit that fails to provide any evidence indicating why an informant is "honest" or "reliable" insufficient to support probable cause? (California, United States of America)
What is the test for probable cause in a motion where an affidavit states that there is "substantial evidence of probable cause"? (California, United States of America)
What is probable cause when there is a fair probability that contraband or evidence of crime will be found in a particular place? (California, United States of America)
What is the difference between probable cause to arrest for carrying drugs and probable cause for arrest? (California, United States of America)
What is the test for failing to provide sufficient evidence to convict a defendant in a sexual assault case? (California, United States of America)
What is sufficient evidence to have been sufficient evidence for a jury to find that defendant intentionally poisoned a patient? (California, United States of America)
What is probable cause for probable cause in a sexual assault case? (California, United States of America)
If an informant's information is sufficient to establish probable cause for arrest, is that information sufficient to warrant arrest? (California, United States of America)
