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 Table of Contents

Table of Contents. 2

Chart 1 – Criminal Process: De-Mystified.. 7

Section I.  Protecting your rights before jail. 9

Section II.  Protecting your rights in jail. 10

What to do When You Find Yourself in Jail 10

PROTECTION AGAINST WALLS THAT HAVE EARS. 11

Section III. Getting Out of Jail. 13

Getting out of jail on O.R. or Bail 13

Posting Bail through a Bondsman. 14

Depositing bail with the Court 14

Staying Out 16

Section IV.  Beating Your Case and Staying Out of Jail.. 17

BEFORE TRIAL.. 17

ARRAIGNMENT.. 17

APPOINTED ATTORNEYS.. 17

PRIVATE ATTORNEYS.. 18

FURTHER PROCEEDINGS. 18

SUPERIOR COURT REVIEW... 19

PLEA NEGOTIATIONS. 20

SIX MYTHS ABOUT PLEA BARGAINING: 21

THE PRELIMINARY HEARING.. 24

Chart 2 – Law: Arrest through trial. 34

Section V. Going to Trial – By Richard Dudek.. 35

JURY SELECTION.. 36

OPENING STATEMENTS. 37

THE PROSECUTION CASE. 37

THE DEFENSE CASE. 38

THE REBUTTAL. 39

JURY INSRUCTIONS. 39

CLOSING ARGUMENTS. 39

DELIBERATIONS. 40

VERDICTS. 40

SECTION VI. AFTER TRIAL.. 41

Referral to Probation. 41

Motion for a New Trial 42

Helpful Phone Numbers. 44

Courtroom Numbers and Locations. 44

APPENDIX.. 46

Strike Priors. 46

Juvenile Priors. 47

Your Rights and the Police: 48

How to Fight Police Abuse: 49

Get Politically Active: 52

Frequently Asked Questions: 53

How the System Really Works. 54

Glossary of Terms. 55

Map of Downtown. 57

Reminder slip of date and time of next court appearance. 59

 

FOREWORD TO NEW GUIDE

 

                For many years an attorney by the name of Paul Comiskey published a free book distributed in Sacramento by the thousands entitled a “Citizen’s Guide – Protect Your Rights.”  I considered  this book to be a great and unique public service. 

 

Paul retired in 2005.  Gone suddenly were Paul's familiar tricycles that were parked daily in front of the Sacramento jail and court house from which he distributed his book. I sadly waited for someone else to step up to the plate and take over.  After months of waiting I realized that there was nobody else. 

 

I have revised and updated the book.  I also added charts, tables, and graphs.  The first person voice and the personal examples are my own.  There are many sections that I just couldn’t say any better and I left those sections alone.  Attorney Richard Dudek also contributed along with several other friends who provided thoughts, suggestions, and input. 

 

The numbers speak for themselves.  We have more people locked up in jails and prisons in this country than have ever been locked up by any country in history.  Prejudice is rampant.  Blacks make up only 13% of the general population but over 40% of the prison population. The rich have their heaven on earth and can buy their way out of jail while the poor remain exploited, ignorant, and incarcerated.

 

                You are kept ignorant on purpose.  Hopefully this book in some small part helps to educate you as to your rights how the system really works.

 

                Please write me and let me know if this book has helped or to give me suggestions for improvement.

 

Dean Johansson

900 "G" Street, Suite 302

Sacramento, CA  95814

           (916) 397-6036

www.fighttheman.com