PC 1385 – Dismissal of the Action for Want of Prosecution or Otherwise
2018 California Code Penal Code –
PART 2 – OF CRIMINAL PROCEDURE
TITLE 10 – MISCELLANEOUS PROCEEDINGS
CHAPTER 8 – Dismissal of the Action for Want of Prosecution or Otherwise
Universal Citation: CA Penal Code § 1385 (2018) 1385.
- (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. A dismissal shall not be made for any cause that would be ground of demurrer to the accusatory pleading.
- (1) If the court has the authority pursuant to subdivision (a) to strike or dismiss an enhancement, the court may instead strike the additional punishment for that enhancement in the furtherance of justice in compliance with subdivision (a).
- (2) This subdivision does not authorize the court to strike the additional punishment for any enhancement that cannot be stricken or dismissed pursuant to subdivision (a).
(Amended by Stats. 2018, Ch. 1013, Sec. 2. (SB 1393) Effective January 1, 2019.)
To Learn More…. Read MORE Below and click the links
Abuse & Neglect – The Reporters (Police, D.A & Medical & the Bad Actors)
If You Would Like to Learn More About: The California Mandated Reporting Law Click Here
To Read the Penal Code § 11164-11166 – Child Abuse or Neglect – California Penal Code 11164-11166
Child Abuse and Neglect Reporting Act Article 2.5. (CANRA) Click Here
Mandated Reporter form click link Mandated Reporter FORM SS 8572.pdf – The Child Abuse
ALL POLICE CHIEFS, SHERIFFS AND COUNTY WELFARE DEPARTMENTS
INFORMATION BULLETIN click here Officers and DA’s for (Procedure to Follow)
It Only Takes a Minute to Make a Difference in the Life of a Child
Learn More About True Threats Here below….
We also have the The Brandenburg v. Ohio (1969) – 1st Amendment
CURRENT TEST = We also have the The ‘Brandenburg test’ for incitement to violence – 1st Amendment
We also have the The Incitement to Imminent Lawless Action Test– 1st Amendment
We also have the True Threats – Virginia v. Black is most comprehensive Supreme Court definition – 1st Amendment
We also have the Watts v. United States – True Threat Test – 1st Amendment
We also have theClear and Present Danger Test – 1st Amendment
We also have theGravity of the Evil Test – 1st Amendment
We also have the Elonis v. United States (2015) – Threats – 1st Amendment
Learn More About What is Obscene….
We also have the Miller v. California – 3 Prong Obscenity Test (Miller Test) – 1st Amendment
We also have the Obscenity and Pornography – 1st Amendment
Learn More About Police, The Government Officials and You….
We also have theBrayshaw v. City of Tallahassee – 1st Amendment – Posting Police Address
We also have thePublius v. Boyer-Vine –1st Amendment – Posting Police Address
We also have the Lozman v. City of Riviera Beach, Florida (2018) – 1st Amendment – Retaliatory Police Arrests
We also have the Nieves v. Bartlett (2019) – 1st Amendment – Retaliatory Police Arrests
We also have the Freedom of the Press – Flyers, Newspaper, Leaflets, Peaceful Assembly – 1st Amendment
We also have the Insulting letters to politician’s home are constitutionally protected, unless they are ‘true threats’ – 1st Amendment
We also have the Introducing TEXT & EMAILDigital Evidencein California Courts – 1st Amendment
We also have the First Amendment Encyclopedia very comprehensive – 1st Amendment
ARE PEOPLE LYING ON YOU? CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!
We also have the Penal Code 118 PC – California Penalty of “Perjury” Law
We also have theFederal Perjury – Definition by Law
We also have the Penal Code 132 PC – Offering False Evidence
We also have the Penal Code 134 PC – Preparing False Evidence
We also have thePenal Code 118.1 PC – Police Officers Filing False Reports
We also have the Spencer v. Peters– Police Fabrication of Evidence – 14th Amendment
We also have the Penal Code 148.5 PC – Making a False Police Report in California
We also have the Penal Code 115 PC – Filing a False Document in California
Sanctions and Attorney Fee Recovery for Bad Actors
FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse Allegations – Family Code 3027.1 – Click Here
FAM § 271 – Awarding Attorney Fees– Family Code 271 Family Court Sanction Click Here
Awarding Discovery Based Sanctions in Family Law Cases – Click Here
FAM § 2030 – Bringing Fairness & Fee Recovery – Click Here
Know Your Rights Click Here (must read!)
Under 42 U.S.C. $ection 1983 – Recoverable Damage$
42 U.S. Code § 1983– Civil Action for Deprivation of Right$
$ection 1983 Lawsuit – How to Bring a Civil Rights Claim
18 U.S. Code § 242 – Deprivation of Right$ Under Color of Law
18 U.S. Code § 241 – Conspiracy against Right$
$uing for Misconduct – Know More of Your Right$
Police Misconduct in California – How to Bring a Lawsuit
Malicious Prosecution / Prosecutorial Misconduct – Know What it is!
New Supreme Court Ruling – makes it easier to sue police
RELATIONSHIP WITH YOUR CHILDREN & YOUR CONSTITUIONAL RIGHT$ + RULING$
YOU CANNOT GET BACK TIME BUT YOU CAN HIT THOSE PUNKS WHERE THEY WILL FEEL YOU = THEIR BANK
We also have the 9.3 Section 1983 Claim Against Defendant as (Individuals) — 14th Amendment thisCODE PROTECTS all US CITIZENS
We also have the Amdt188.8.131.52.2 – Parental and Children’s Rights 5th Amendment thisCODE PROTECTS all US CITIZENS
We also have the 9.32 – Interference with Parent / Child Relationship – 14th Amendment thisCODE PROTECTS all US CITIZENS
We also have the California Civil Code Section 52.1Interference with exercise or enjoyment of individual rights
We also have the Parent’s Rights & Children’s Bill of RightsSCOTUS RULINGS FOR YOUR PARENT RIGHTS
We also have a SEARCH of our site for all articles relatingfor PARENTS RIGHTS Help!
GRANDPARENT CASE LAW
Troxel v. Granville, 530 U.S. 57 (2000) – Grandparents – 14th Amendment
Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required
S.F. Human Servs. Agency v. Christine C. (In re Caden C.)
9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship
Parent’s Rights & Children’s Bill of Rights
Cal State Bar PDF to read about Three Parent Law – The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf
Contesting / Appeal an Order / Judgment / Charge
Options to Appealing– Fighting A Judgment Without Filing An Appeal Settlement Or Mediation
Cal. Code Civ. Proc. § 1008 Motion to Reconsider
Penal Code 1385 – Dismissal of the Action for Want of Prosecution or Otherwise
Penal Code 1538.5 – Motion To Suppress Evidence in a California Criminal Case
CACI No. 1501 – Wrongful Use of Civil Proceedings
Penal Code “995 Motions” in California – Motion to Dismiss
WIC § 700.1 – If Court Grants Motion to Suppress as Evidence
Epic Criminal / Civil Rights SCOTUS Help – Click Here
Epic Parents SCOTUS Ruling – Parental Rights Help – Click Here
Judge’s & Prosecutor’s Jurisdiction– SCOTUS RULINGS on Judicial & Prosecutorial Conduct
Family Treatment Court Best Practice Standards
Download Here this Recommended Citation
Please take time to learn new UPCOMING
The PROPOSED Parental Rights Amendment
to the US CONSTITUTION Click Here to visit their site
The proposed Parental Rights Amendment will specifically add parental rights in the text of the U.S. Constitution, protecting these rights for both current and future generations.
The Parental Rights Amendment is currently in the U.S. Senate, and is being introduced in the U.S. House.