CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer [858. - 883.]

Chapter 7 enacted 1872.

§§ 858–883 · 44 sections

§ 858 (a) When the defendant first appears for arraignment on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of…
§ 858.5 (a) In any case in which a defendant is, on his demand, brought before a magistrate pursuant to Section 822 after arrest for a misdemeanor Vehicle Code…
§ 858.7 (a) In any case in which the defendant has been convicted of a misdemeanor and is serving a sentence as a result of such conviction and there has been filed…
§ 859 When the defendant is charged with the commission of a felony by a written complaint subscribed under oath and on file in a court within the county in which…
§ 859.1 (a) In any criminal proceeding in which the defendant is charged with any offense specified in Section 868.8 on a minor under the age of 16 years, or a…
§ 859.5 (a) Except as otherwise provided in this section, a custodial interrogation of any person, including an adult or a minor, who is in a fixed place of detention,…
§ 859.7 (a) All law enforcement agencies and prosecutorial entities shall adopt regulations for conducting photo lineups and live lineups with eyewitnesses. The…
§ 859a (a) If the public offense charged is a felony not punishable with death, the magistrate shall immediately upon the appearance of counsel for the defendant read…
§ 859b At the time the defendant appears before the magistrate for arraignment, if the public offense is a felony to which the defendant has not pleaded guilty in…
§ 859c Procedures under this code that provide for superior court review of a challenged ruling or order made by a superior court judge or a magistrate shall be…
§ 860 At the time set for the examination of the case, if the public offense is a felony punishable with death, or is a felony to which the defendant has not pleaded…
§ 861 (a) The preliminary examination shall be completed at one session or the complaint shall be dismissed, unless the magistrate, for good cause shown by…
§ 861.5 Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special…
§ 862 If a postponement is had, the magistrate must commit the defendant for examination, admit him to bail or discharge him from custody upon the deposit of money…
§ 863 The commitment for examination is made by an indorsement, signed by the magistrate on the warrant of arrest, to the following effect: “The within named A.B.…
§ 864 At the examination, the magistrate must first read to the defendant the depositions of the witnesses examined on taking the information.
§ 865 The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf.
§ 866 (a) When the examination of witnesses on the part of the people is closed, any witness the defendant may produce shall be sworn and examined. Upon the request…
§ 866.5 The defendant may not be examined at the examination, unless he is represented by counsel, or unless he waives his right to counsel after being advised at such…
§ 867 While a witness is under examination, the magistrate shall, upon motion of either party, exclude all potential and actual witness who have not been examined.…
§ 868 The examination shall be open and public. However, upon the request of the defendant and a finding by the magistrate that exclusion of the public is necessary…
§ 868.4 (a) If requested by either party in a criminal or juvenile hearing, and if a therapy or facility dog is available to the party within the jurisdiction of the…
§ 868.5 (a) Notwithstanding any other law, a prosecuting witness in a case involving a violation or attempted violation of Section 187, 203, 205, or 207, subdivision…
§ 868.6 (a) It is the purpose of this section to provide a nonthreatening environment for minors involved in the judicial system in order to better enable them to…
§ 868.7 (a) Notwithstanding any other provision of law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Section 868…
§ 868.8 Notwithstanding any other provision of law, in any criminal proceeding in which the defendant is charged with a violation or attempted violation of subdivision…
§ 869 The testimony of each witness in cases of homicide shall be reduced to writing, as a deposition, by the magistrate, or under his or her direction, and in other…
§ 870 The magistrate or his or her clerk shall keep the depositions taken on the information or the examination, until they are returned to the proper court; and…
§ 871 If, after hearing the proofs, it appears either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty…
§ 871.5 (a) When an action is dismissed by a magistrate pursuant to Section 859b, 861, 871, 1008, 1381, 1381.5, 1385, 1387, or 1389 of this code or Section 41403 of
§ 871.6 If in a felony case the magistrate sets the preliminary examination beyond the time specified in Section 859b, in violation of Section 859b, or continues the…
§ 872 (a) If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe that the defendant is…
§ 872.5 Notwithstanding Article 1 (commencing with Section 1520) of Chapter 2 of Division 11 of the Evidence Code, in a preliminary examination the content of a…
§ 873 If the offense is not bailable, the following words must be added to the indorsement: “And he is hereby committed to the Sheriff of the County of ____. ”
§ 875 If the offense is bailable, and the defendant is admitted to bail, the following words must be added to the order, “and that he be admitted to bail in the sum…
§ 876 If the magistrate order the defendant to be committed, he must make out a commitment, signed by him, with his name of office, and deliver it, with the…
§ 877 The commitment must be to the following effect except when it is made under the provisions of section 859a of this code. County of ____ (as the case may be).…
§ 877a When the commitment is made under the provisions of section 859a of this code, it must be made to the following effect: County of ____ (as the case may be).…
§ 878 On holding the defendant to answer or on a plea of guilty where permitted by law, the magistrate may take from each of the material witnesses examined before…
§ 879 When the magistrate or a Judge of the Court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that any such…
§ 880 Infants who are material witnesses against the defendant may be required to procure sureties for their appearance, as provided in the last section.
§ 881 (a) If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that…
§ 882 When, however, it satisfactorily appears by examination, on oath of the witness, or any other person, that the witness is unable to procure sureties, he or she…
§ 883 When a magistrate has discharged a defendant, or has held him to answer, he must return, without delay, to the Clerk of the Court at which the defendant is…