Legal Question in Criminal Law in California

i live in CA. i am curious to know "if a court case hasn't been resolved, and there isn't any way that the defendent can beat it. Can you explain how the case the docket notes can have the term "Removed from the courts control" entered as the statis of the case. Additionally what is the meaning behind it? How can an unresolved court case be removed from the courts control? It either has a judgement reached, or is ongoing, or there is no reason to proceed with the charges. Therefore it would seem that if the courts are not in control-----there is some other dept. that has control of the situation. leaving me and others to believe that this has the signs of being a situation where the police are using this individual as an informant and that the defendent is in return getting thier charges in the case either lessoned or dismissed entirely. ' i would appreciate any clarification in the matter. thank you. CA questioner curious to know........


Asked on 8/12/10, 12:43 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

That's one possible explanation. Another possible explanation is that the case is on appeal, which would divest the trial court of jurisdiction while the appellate proceeding is pending. I should add that I would not use the court docket entry, standing alone, to support a conclusion that the defendant is a snitch. Go look up the case in person and report back to us. Or call the clerk's office and ask them the meaning, if any, of this type of docket entry.

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Answered on 8/17/10, 12:52 am
Anthony Roach Law Office of Anthony A. Roach

The only way a case is not in the trial court's control is if it is on appeal. A properly filed notice of appeal divests the trial court of jurisdiction to hear the matter, until the appellate court resolves it and issues a remittitur.

Some types of orders are immediately appealabe, prior to a criminal court convicting a defendant. For example, a ruling on a motion to suppress is appealable.

I would caution to be careful about the registry of some cases online. You have to take them at face value, as they are not entirely accurate and can contain typographical errors from keystroke entry by a clerk in the courthouse.

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Answered on 8/17/10, 11:20 am


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