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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 06-15-2009, 03:37 PM
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Location: California
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Arrest & Court Action Disposition reporting in california


What is the name of your state California (only U.S. law)?

The California Penal Code describes the method/protocol of arrests and court actions as that of a "disposition report":

13151. The superior court that disposes of a case for which an
arrest was required to be reported to the Department of Justice
pursuant to Section 13150 or for which fingerprints were taken and
submitted to the Department of Justice by order of the court shall
assure that a disposition report of such case containing the
applicable data elements enumerated in Section 13125, or Section
13151.1 if such disposition is one of dismissal, is furnished to the
Department of Justice within 30 days according to the procedures and
on a format prescribed by the department. The court shall also
furnish a copy of such disposition report to the law enforcement
agency having primary jurisdiction to investigate the offense alleged
in the complaint or accusation. Whenever a court shall order any
action subsequent to the initial disposition of a case, the court
shall similarly report such proceedings to the department.


As far as I can tell, this method is known as form JUS8715 "Disposition of Arrest and Court Action" as required by the California Department of Justice. My research has shown reference to this form as far back as 1974. According to the penal code it is obvious this is the only valid reliable method to obtain such information. A phone call to the court by Cal DOJ to inquire as to the diposition instead of obtaining a transmitted documented "disposition report" would not be appropriate-- there must be some sort of document stating a disposition in all cases, is that correct? Would there be any exception to this? What is the name of your state California(only U.S. law)?
  #2  
Old 06-15-2009, 05:27 PM
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What exactly are you trying to find out?

There are exception to most everything. A call between two people (one being from the DOJ adn the other from the court) can result in the exchange of all kinds of information. Depending on what the call is about and what the information is to be used for it can contain a great deal more than what is included on the JUS form.

Please expand a little on the situation.

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  #3  
Old 06-16-2009, 02:53 PM
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Join Date: Jan 2009
Location: California
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Yes well apparently the call was placed to determine the disposition of a case; however database records from the court and the D.A.'s office do not indicate a disposition (the case is over a decade old). In fact the court states that there never was a filing for this particular arrest warrant, and thus there are no documents anywhere in the archives and no register of action pages. It is unknown why the court would inform the DOJ of a disposition that does not exist on a case that never had a filing for that matter. Cal DOJ has informed this particular defendant that the information about the diposition was obtained from a phone call and a phone call only. So would a phone call be appropriate to determine such information?
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