My question involves criminal law for the state of: California
My question is when an officer submits a Affidavit of Probable Cause it is for a Judge or Magistrate to review to sign to detain or not to detain, correct? Should a defendant or attorney for defendant in a criminal case then receive a copy of signed document? What if the statements of facts on the arrest report and affidavit of probable cause report are totally inconsistent with conflicting statements and written by the same officer who made the arrest? I told my public defender about the conflicting statements made by officer and provided witness affidavits and have 2 upcoming court dates. Problem is they are wanting me to at the first date, agree to a plea, if I refuse then the next hearing is to have the officer appear and explain statements made in report and affidavit. I nor my attorney ever received a warrant signed by a judge or a magistrate, they are required by law to produce this document right?
My question is when an officer submits a Affidavit of Probable Cause it is for a Judge or Magistrate to review to sign to detain or not to detain, correct? Should a defendant or attorney for defendant in a criminal case then receive a copy of signed document? What if the statements of facts on the arrest report and affidavit of probable cause report are totally inconsistent with conflicting statements and written by the same officer who made the arrest? I told my public defender about the conflicting statements made by officer and provided witness affidavits and have 2 upcoming court dates. Problem is they are wanting me to at the first date, agree to a plea, if I refuse then the next hearing is to have the officer appear and explain statements made in report and affidavit. I nor my attorney ever received a warrant signed by a judge or a magistrate, they are required by law to produce this document right?
Arrest Warrants: When a Peace Officer Lies and Omits Important Detail in Affidavit of Probable Cause
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