Legal Question in Criminal Law in California

Under the "Minutes" for this case - it stated "CASE CLOSED". I was careful to make SURE the defendants name wasn't listed in this informtion that I downloaded from The San Bernardino County Superior Court website. This person was one of four charged w/burglary, possession of stolen merchandise, being caught in the commission of a crime and possessing tools used for burglary purposes. They are all four out on the street now, having faced numerous arraignments w/NO COMPLAINT FILED on this case. Doesn't make sense to me...

Action Date Action Text Disposition Hearing Type Image

03/05/2012 1109301228 HAS BEEN CHANGED TO FSB1200871.

02/28/2012 E-FILE CASE #FSB1200871

02/28/2012 8:30 AM DEPT. S23B ARRAIGNMENT DISPOSED ARRAIGNMENT

Minutes

MICHAEL M DEST, J-JUDGE

CLERK: SSG-STACY SHIPLEY

CERTIFIED COURT REPORTER: LJ-LISA JELKE CSR# LJ-10643

BAILIFF A GONZALEZ

-

APPEARANCES

DEFENDANT NOT PRESENT.

-

PROCEEDINGS

ACTION CAME ON FOR ARRAIGNMENT

NO COMPLAINT FILED.

8:30

10:01

NO APPEARANCE BY DEFT-O.R. VOIDED

-

CUSTODY STATUS

DEFENDANT RELEASED.

============= MINUTE ORDER END ================

02/28/2012 SESSLIN AFFIDAVIT FILED

02/28/2012 COMPLAINT FILED

01/17/2012 8:30 AM DEPT. S23B ARRAIGNMENT DISPOSED ARRAIGNMENT

Minutes

MICHAEL DEST, J-JUDGE

CLERK: VP-VICKI PENA

CERTIFIED COURT REPORTER: MW-MICHELE WATSON CSR# MW-10280

BAILIFF A GONZALEZ

-

APPEARANCES

DEFENDANT PRESENT NOT IN CUSTODY.

-

PROCEEDINGS

ACTION CAME ON FOR ARRAIGNMENT

-

NO COMPLAINT FILED.

-

HEARINGS

ARRAIGNMENT CONTINUED TO 02/28/2012 AT 8:30 IN S23B.

DEFENDANT ORDERED TO APPEAR ON HEARING DATE.

-

CUSTODY STATUS

TEMPORARY OR CONTINUED.

CASE CUSTODY - OR

============= MINUTE ORDER END ================

12/07/2011 BAIL BOND RETURNED TO BONDSMAN.

12/06/2011 BOND DN100-2715509 EXONERATED.

12/06/2011 BOND DN100-2715509 EXONERATED.

12/06/2011 8:40 AM DEPT. S23B ARRAIGNMENT


Asked on 3/08/12, 12:48 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I don't know why you edited out the defendants' names. It is a matter of public record. With the case number you provided, I was able to read the criminal minutes for the entire case. The defendants were out on bail, which was then exonerated and they were released on temporary OR (meaning own recognizance) because no criminal complaint was filed. That was done pursuant to Penal Code section 1305, not a Sesslin affidavit.

The docket shows that a complaint was filed on 2/28/12. That was when the Sesslin Affidavit was filed. One of the defendants did not appear on that date, and his OR status was revoked. The Sesslin Affidavit most likely supports an arrest warrant, based on the criminal complaint.

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Answered on 3/09/12, 8:53 am


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