Right to counsel – Retail crime restraining order
08/16/2024
,
California
,
Legislation
, Other subject area
In 2024, California enacted AB 3209, creating a right to counsel for respondents in matters related to petitions for retail crime restraining orders. See Cal. Penal Code § 490.8(e)(3). Such a restraining order may be sought against an individual who has been convicted of any one of five delineated offenses and if granted, would prohibit the person from entering the premises of a retail establishment for up to two years. Though the proceeding is found within the penal code, it can be brought by an attorney representing a retail establishment in addition to a prosecuting attorney, city attorney, or county counsel.
Appointment of Counsel: Yes
Qualified: No
