Kimner is a citizen of California residing in Carmel, California. The judge must consider the defendant’s 991 motion and decide if there is sufficient supporting. Background Defendant Berkeley County is located in South Carolina and is a political subdivision of the state of South Carolina. Per California criminal law, a defendant who is charged with a misdemeanor crime, and who is in custody at the time of her first court appearance, may file a motion to dismiss her misdemeanor criminal charges for lack of probable cause to believe that a criminal offense has been committed by her. A court may conclude that a defendant’s mental illness was connected to the offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendant’s mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, the court concludes that the defendant’s mental illness substantially contributed to the defendant’s involvement in the commission of the offense. For the reasons below, the Court GRANTS Berkeley County’s Motion. This is a motion and a brief asking the court to permit. ![]() Motion to withdraw guilty pleas where the court failed to give the defendant the statutory immigration warning. Strikes that judges dismiss per Romero still remain on your criminal record and background checks. This is a motion to dismiss a criminal complaint for failing to allege sufficient facts to establish probable cause to believe the the defendant committed the offense alleged. ![]() ![]() If the court grants your Romero motion, it can significantly reduce your prison sentence. The pretrial process starts as soon as you have been arrested and have entered a not guilty plea at your arraignment. PC 1385(c)(5): For the purposes of subparagraph (D) of paragraph (2), a mental illness is a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia. You can file a Romero motion at any time in a criminal case.
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