CHAPTER 8. Dismissal of the Action for Want of Prosecution or Otherwise [1381. - 1388.]

Heading of Chapter 8 amended by Stats. 1951, Ch. 1674.

§§ 1381–1388 · 12 sections

• § 1381 Whenever a defendant has been convicted, in any court of this state, of the commission of a felony or misdemeanor and has been sentenced to and has entered…
• § 1381.5 Whenever a defendant has been convicted of a crime and has entered upon a term of imprisonment therefor in a federal correctional institution located in this…
• § 1382 (a) The court, unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases: (1) When a person has been held to…
• § 1383 If the defendant is not charged or tried, as provided in Section 1382, and sufficient reason therefor is shown, the court may order the action to be continued…
• § 1384 If the judge or magistrate directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail, his bail is…
• § 1385 (a) The judge or magistrate may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an…
• § 1385.1 Notwithstanding Section 1385 or any other provision of law, a judge shall not strike or dismiss any special circumstance which is admitted by a plea of guilty…
• § 1386 The entry of a nolle prosequi is abolished, and neither the Attorney General nor the district attorney can discontinue or abandon a prosecution for a public…
• § 1387 (a) An order terminating an action pursuant to this chapter, or Section 859b, 861, 871, or 995, is a bar to any other prosecution for the same offense if it is…
• § 1387.1 (a) Where an offense is a violent felony, as defined in Section 667.5 and the prosecution has had two prior dismissals, as defined in Section 1387, the people…
• § 1387.2 Upon the express consent of both the people and the defendant, in lieu of issuing an order terminating an action the court may proceed on the existing…
• § 1388 (a) In any case where an order for the dismissal of a felony action is made, as provided in this chapter, and where the defendant had been released on his own…