TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976. - 1054.10.]
Heading of Title 6 amended by Stats. 1951, Ch. 1674.
§§ 976–1054.10 · 206 sections
CHAPTER 1. Of the Arraignment of the Defendant §§ 976–993 · 28 sections
- § 976 (a) When the accusatory pleading is filed, the defendant shall be arraigned thereon before the court in which it is filed, unless the action is transferred to…
- § 977 (a) (1) In all cases in which the accused is charged with a misdemeanor only, they may appear by counsel only, except as provided in paragraphs (2) and (3). If…
- § 977.1 The resolution of questions of fact or issues of law by trial or hearing which can be made without the assistance or participation of the defendant is not…
- § 977.2 (a) Notwithstanding Section 977 or any other law, in any case in which the defendant is charged with a misdemeanor or a felony and is currently incarcerated in…
- § 977.3 (a) A witness may testify in any misdemeanor or felony criminal proceeding, except for felony trials, through the use of remote technology with the written or…
- § 978 When his personal appearance is necessary, if he is in custody, the Court may direct and the officer in whose custody he is must bring him before it to be…
- § 978.5 (a) A bench warrant of arrest may be issued when a defendant fails to appear in court as required by law, including, but not limited to, the following…
- § 979 If the defendant has been discharged on bail or has deposited money or other property instead thereof, and does not appear to be arraigned when his personal…
- § 980 (a) At any time after the order for a bench warrant is made, whether the court is sitting or not, the clerk may issue a bench warrant to one or more counties.…
- § 981 The bench warrant must be substantially in the following form: County of ____. The People of the State of California to any Sheriff, Marshal, or Policeman in…
- § 982 The defendant, when arrested under a warrant for an offense not bailable, must be held in custody by the Sheriff of the county in which the indictment is found…
- § 983 The bench warrant may be served in any county in the same manner as a warrant of arrest.
- § 984 If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto in the same…
- § 985 When the information or indictment is for a felony, and the defendant, before the filing thereof, has given bail for his appearance to answer the charge, the…
- § 986 If the defendant is present when the order is made, he must be forthwith committed. If he is not present, a bench warrant must be issued and proceeded upon in…
- § 987 (a) In a noncapital case, if the defendant appears for arraignment without counsel, the defendant shall be informed by the court that it is their right to have…
- § 987.05 In assigning defense counsel in felony cases, whether it is the public defender or private counsel, the court shall only assign counsel who represents, on the…
- § 987.1 Counsel at the preliminary examination shall continue to represent a defendant who has been ordered to stand trial for a felony until the date set for…
- § 987.2 (a) In any case in which a person, including a person who is a minor, desires but is unable to employ counsel, and in which counsel is assigned in the superior…
- § 987.3 Whenever in this code a court-appointed attorney is entitled to reasonable compensation and necessary expenses, the judge of the court shall consider the…
- § 987.6 (a) From any state moneys made available to it for such purpose, the Department of Finance shall, pursuant to this section, pay to the counties an amount not…
- § 987.9 (a) In the trial of a capital case or a case under subdivision (a) of Section 190.05, the indigent defendant, through the defendant’s counsel, may request the…
- § 988 The arraignment must be made by the court, or by the clerk or prosecuting attorney under its direction, and consists in reading the accusatory pleading to the…
- § 989 When the defendant is arraigned, he must be informed that if the name by which he is prosecuted is not his true name, he must then declare his true name, or be…
- § 990 If on the arraignment, the defendant requires it, the defendant must be allowed a reasonable time to answer, which shall be not less than one day in a felony…
- § 991 (a) If the defendant is in custody at the time he appears before the magistrate for arraignment and, if the public offense is a misdemeanor to which the…
- § 992 (a) (1) In any case in which the defendant is charged with a felony, the court shall require the defendant to provide a right thumbprint on a form developed…
- § 993 (a) At the arraignment of a defendant who is charged with a felony and who is, or whom the court reasonably deems to be, the sole custodial parent of one or…
CHAPTER 2. Setting Aside the Indictment or Information §§ 995–999a · 7 sections
- § 995 (a) Subject to subdivision (b) of Section 995a, the indictment or information shall be set aside by the court in which the defendant is arraigned, upon his or…
- § 995a (a) If the names of the witnesses examined before the grand jury are not inserted at the foot of the indictment or indorsed thereon, the court shall order them…
- § 996 If the motion to set aside the indictment or information is not made, the defendant is precluded from afterwards taking the objections mentioned in Section 995.
- § 997 The motion must be heard at the time it is made, unless for cause the court postpones the hearing to another time. The court may entertain such motion prior to…
- § 998 If the court directs the case to be resubmitted, or an information to be filed, the defendant, if already in custody, shall remain, unless he or she is…
- § 999 An order to set aside an indictment or information, as provided in this chapter, is no bar to a future prosecution for the same offense.
- § 999a A petition for a writ of prohibition, predicated upon the ground that the indictment was found without reasonable or probable cause or that the defendant had…
CHAPTER 2.2. Career Criminals §§ 999b–999h · 7 sections
- § 999b The Legislature hereby finds a substantial and disproportionate amount of serious crime is committed against the people of California by a relatively small…
- § 999c (a) There is hereby established in the Office of Emergency Services a program of financial and technical assistance for district attorneys’ offices, designated…
- § 999d Career criminal prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals identified…
- § 999e (a) An individual who is under arrest for the commission or attempted commission of one or more of the felonies listed in paragraph (1) and who is either being…
- § 999f (a) Each district attorney’s office establishing a career criminal prosecution unit and receiving state support under this chapter shall adopt and pursue the…
- § 999g The selection criteria set forth in Section 999e shall be adhered to for each career criminal case unless, in the reasonable exercise of prosecutor’s…
- § 999h The characterization of a defendant as a “career criminal” as defined by this chapter may not be communicated to the trier of fact.
CHAPTER 2.3. Repeat Sexual Offenders §§ 999i–999p · 8 sections
- § 999i The Legislature hereby finds that repeat sexual offenders present a clear and present danger to the mental and physical well-being of the citizens of the State…
- § 999j (a) There is hereby established in the Office of Emergency Services a program of financial and technical assistance for district attorneys’ offices, designated…
- § 999k Repeat sexual offender prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals…
- § 999l (a) An individual shall be the subject of a repeat sexual offender prosecution effort who is under arrest for the commission or attempted commission of one or…
- § 999m Each district attorney’s office establishing a repeat sexual offender prosecution unit and receiving state support under this chapter shall adopt and pursue…
- § 999n (a) The selection criteria set forth in Section 999l shall be adhered to for each repeat sexual offender case unless, in the reasonable exercise of…
- § 999o The characterization of a defendant as a “repeat sexual offender” as defined by this chapter shall not be communicated to the trier of fact.
- § 999p The Office of Emergency Services is encouraged to utilize any federal funds which may become available in order to implement the provisions of this chapter.
CHAPTER 2.4. Child Abusers §§ 999q–999y · 9 sections
- § 999q The Legislature hereby finds that child abusers present a clear and present danger to the mental health and physical well-being of the citizens of the State of…
- § 999r (a) There is hereby established in the Office of Emergency Services a program of financial and technical assistance for district attorneys’ offices, designated…
- § 999s Child abuser prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals identified…
- § 999t (a) An individual may be the subject of a child abuser prosecution effort who is under arrest for the sexual assault of a child, as defined in Section 11165,…
- § 999u Each district attorney’s office establishing a child abuser prosecution unit and receiving state support under this chapter shall adopt and pursue the…
- § 999v (a) The selection criteria set forth in Section 999t shall be adhered to for each child abuser case unless, in the reasonable exercise of prosecutor’s…
- § 999w The characterization of a defendant as a “child abuser” as defined by this chapter shall not be communicated to the trier of fact.
- § 999x The Office of Emergency Services is encouraged to utilize any federal funds which may become available in order to implement the provisions of this chapter.
- § 999y The Office of Emergency Services shall report annually to the Legislature concerning the program established by this chapter. The office shall prepare and…
CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases §§ 1000–1000.65 · 8 sections
- § 1000 (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading for a violation of Section 11350, 11357, 11364, or 11365,…
- § 1000.1 (a) If the prosecuting attorney determines that this chapter may be applicable to the defendant, he or she shall advise the defendant and his or her attorney…
- § 1000.2 (a) The court shall hold a hearing and, after consideration of any information relevant to its decision, shall determine if the defendant consents to further…
- § 1000.3 (a) If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned…
- § 1000.4 (a) Any record filed with the Department of Justice shall indicate the disposition in those cases referred to pretrial diversion pursuant to this chapter. Upon…
- § 1000.5 (a) (1) The presiding judge of the superior court, or a judge designated by the presiding judge, together with the district attorney and the public defender,…
- § 1000.6 (a) A person who is participating in a pretrial diversion program or a preguilty plea program pursuant to this chapter is authorized under the direction of a…
- § 1000.65 This chapter does not affect a pretrial diversion program provided pursuant to Chapter 2.7 (commencing with Section 1001).
CHAPTER 2.55. Deferred Entry of Judgment Pilot Program § 1000.7 · 1 section
- § 1000.7 (a) The following counties may establish a pilot program pursuant to this section to operate a deferred entry of judgment pilot program for eligible defendants…
CHAPTER 2.6. Deferred Entry of Judgment Reentry Program §§ 1000.8–1000.10 · 3 sections
- § 1000.8 A superior court, with the concurrence of the prosecuting attorney of the county, may create a “Back on Track” deferred entry of judgment reentry program aimed…
- § 1000.9 The prosecuting attorney shall determine whether a defendant is eligible for participation in the deferred entry of judgment reentry program. (a) If the…
- § 1000.10 The following provisions apply to this chapter: (a) A defendant’s plea of guilty shall not constitute a conviction for any purpose unless a judgment of guilty…
CHAPTER 2.65. Child Abuse and Neglect Counseling §§ 1000.12–1000.17 · 2 sections
- § 1000.12 (a) It is the intent of the Legislature that nothing in this chapter deprive a prosecuting attorney of the ability to prosecute any person who is suspected of…
- § 1000.17 If the person is referred pursuant to this chapter he or she shall be responsible for paying the administrative cost of the referral and the expense of such…
CHAPTER 2.7. Misdemeanor Diversion §§ 1001–1001.9 · 10 sections
- § 1001 It is the intent of the Legislature that this chapter, Chapter 2.5 (commencing with Section 1000) of this title, or any other provision of law not be construed…
- § 1001.1 As used in Sections 1001.2 to 1001.9, inclusive, of this chapter, pretrial diversion refers to the procedure of postponing prosecution of an offense filed as a…
- § 1001.2 (a) This chapter shall not apply to any pretrial diversion or posttrial programs for the treatment of problem drinking or alcoholism utilized for persons…
- § 1001.3 At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a pretrial diversion program.
- § 1001.4 A divertee is entitled to a hearing, as set forth by law, before his or her pretrial diversion can be terminated for cause.
- § 1001.5 No statement, or information procured therefrom, made by the defendant in connection with the determination of his or her eligibility for diversion, and no…
- § 1001.6 At such time that a defendant’s case is diverted, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf of the defendant shall be…
- § 1001.7 If the divertee has performed satisfactorily during the period of diversion, the criminal charges shall be dismissed at the end of the period of diversion.
- § 1001.8 Any record filed with the Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter.
- § 1001.9 (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion…
CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities §§ 1001.20–1001.34 · 15 sections
- § 1001.20 (a) “Developmental disability” means a disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code and for which a regional…
- § 1001.21 (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading at any stage of the criminal proceedings, for any person who has…
- § 1001.22 The court shall consult with the prosecutor, the defense counsel, the probation department, and the appropriate regional center in order to determine whether a…
- § 1001.23 (a) Upon the court’s receipt of the reports from the prosecutor, the probation department, and the regional center, and a determination by the regional center…
- § 1001.24 No statement, or information procured therefrom, made by the defendant to any probation officer, the prosecutor, or any regional center designee during the…
- § 1001.25 No statement, or information procured therefrom, with respect to the specific offense with which the defendant is charged, which is made to a probation…
- § 1001.26 In the event that diversion is either denied or is subsequently revoked once it has been granted, neither the probation investigation nor the statements or…
- § 1001.27 At such time as the defendant’s case is diverted, any bail, bond, or undertaking, or deposit in lieu thereof, on file or on behalf of the defendant shall be…
- § 1001.28 The period during which criminal proceedings against the defendant may be diverted shall be no longer than two years. The responsible agency or agencies shall…
- § 1001.29 (a) If it appears that the divertee is not meeting the terms and conditions of the diversion program, the court may hold a hearing and amend the program to…
- § 1001.30 At any time during which the defendant is participating in a diversion program, he or she may withdraw consent to further participate in the diversion program,…
- § 1001.31 If the divertee has performed satisfactorily during the period of diversion, the criminal charges shall be dismissed at the end of the diversion period.
- § 1001.32 Any record filed with the State Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter.
- § 1001.33 (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion…
- § 1001.34 Notwithstanding any other provision of law, the diversion-related individual program plan shall be fully implemented by the regional centers upon court order…
CHAPTER 2.8A. Diversion of Individuals with Mental Disorders §§ 1001.35–1001.36 · 2 sections
- § 1001.35 The purpose of this chapter is to promote all of the following: (a) Increased diversion of individuals with mental disorders to mitigate the individuals’ entry…
- § 1001.36 (a) On an accusatory pleading alleging the commission of a misdemeanor or felony offense not set forth in subdivision (d), the court may, in its discretion,…
CHAPTER 2.81. Pretrial Diversion of Traffic Violators § 1001.40 · 1 section
- § 1001.40 Notwithstanding any other provision of law, a county acting on behalf of one or more individual courts may by ordinance establish a program that provides for…
CHAPTER 2.9. Diversion of Misdemeanor Offenders §§ 1001.50–1001.55 · 6 sections
- § 1001.50 (a) Notwithstanding any other provision of law, this chapter shall become operative in a county only if the board of supervisors adopts the provisions of this…
- § 1001.51 (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading concerning the commission of a misdemeanor, except a misdemeanor…
- § 1001.52 (a) If the defendant consents and waives his right to a speedy trial, the case shall be referred to the probation department. The probation department shall…
- § 1001.53 The court shall hold a hearing and, after consideration of the probation department’s report, and any other relevant information, shall determine if the…
- § 1001.54 If it appears to the probation department that the divertee is performing unsatisfactorily in the assigned program, or that the divertee is not benefiting from…
- § 1001.55 (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion…
CHAPTER 2.9A. Bad Check Diversion §§ 1001.60–1001.67 · 8 sections
- § 1001.60 Upon the adoption of a resolution by the board of supervisors declaring that there are sufficient funds available to fund the program, the district attorney…
- § 1001.61 The district attorney may refer a bad check case to the diversion program. Except as provided in Section 1001.64, this chapter does not limit the power of the…
- § 1001.62 On receipt of a bad check case, the district attorney shall determine if the case is one which is appropriate to be referred to the bad check diversion…
- § 1001.63 On referral of a bad check case to the diversion program, a notice shall be forwarded by mail to the person alleged to have written the bad check which…
- § 1001.64 The district attorney may enter into a written agreement with the person to forego prosecution on the bad check for a period to be determined by the district…
- § 1001.65 (a) A district attorney may collect a processing fee if his or her office collects and processes a bad check. The amount of the fee shall not exceed fifty…
- § 1001.66 At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a precomplaint diversion program.
- § 1001.67 No statement, or information procured therefrom, made by the defendant in connection with the determination of his or her eligibility for diversion, and no…
CHAPTER 2.9B. Parental Diversion §§ 1001.70–1001.75 · 6 sections
- § 1001.70 (a) Every local prosecutor with jurisdiction to prosecute violations of Section 272 shall review annually any diversion program established pursuant to this…
- § 1001.71 This chapter shall apply whenever a case is before any court upon an accusatory pleading alleging a parent or legal guardian to have violated Section 272 with…
- § 1001.72 (a) If the defendant consents and waives his or her right to a speedy trial, the case shall be referred to the probation department. The probation department…
- § 1001.73 The court shall hold a hearing and, after consideration of the probation department’s report, and any other relevant information, shall determine if the…
- § 1001.74 If it appears to the probation department that the divertee is performing unsatisfactorily in the assigned program, or that the divertee is not benefiting from…
- § 1001.75 (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion…
CHAPTER 2.9C. Military Diversion Program § 1001.80 · 1 section
- § 1001.80 (a) This chapter shall apply to a case before a court on an accusatory pleading alleging the commission of a misdemeanor or felony offense not set forth in…
CHAPTER 2.9D. Theft and Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program §§ 1001.81–1001.82 · 2 sections
CHAPTER 2.9E. Primary Caregiver Diversion § 1001.83 · 1 section
- § 1001.83 (a) The presiding judge of the superior court, or a judge designated by the presiding judge, in consultation with the presiding juvenile court judge and…
CHAPTER 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program §§ 1001.85–1001.88 · 4 sections
- § 1001.85 (a) The Law Enforcement Assisted Diversion (LEAD) pilot program is hereby established. The purpose of the LEAD program is to improve public safety and reduce…
- § 1001.86 (a) The LEAD program shall be administered by the Board of State and Community Corrections. (b) The board shall award grants, on a competitive basis, to up to…
- § 1001.87 (a) LEAD programs funded pursuant to this chapter shall consist of a strategy of effective intervention for eligible participants consistent with the following…
- § 1001.88 (a) Services provided pursuant to this chapter may include, but are not limited to, case management, housing, medical care, mental health care, treatment for…
CHAPTER 2.95. Diversion Restitution Fee § 1001.90 · 1 section
- § 1001.90 (a) For all persons charged with a felony or misdemeanor whose case is diverted by the court pursuant to this title, the court shall impose on the defendant a…
CHAPTER 2.96. Court Initiated Misdemeanor Diversion §§ 1001.95–1001.97 · 3 sections
- § 1001.95 (a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney,…
- § 1001.96 A defendant who is diverted pursuant to this chapter shall be required to complete all of the following in order to have their action dismissed: (a) Complete…
- § 1001.97 (a) Upon successful completion of the terms, conditions, or programs ordered by the court pursuant to Section 1001.95, the arrest upon which diversion was…
CHAPTER 3. Demurrer and Amendment §§ 1002–1012 · 10 sections
- § 1002 The only pleading on the part of the defendant is either a demurrer or a plea.
- § 1003 Both the demurrer and plea must be put in, in open Court, either at the time of the arraignment or at such other time as may be allowed to the defendant for…
- § 1004 The defendant may demur to the accusatory pleading at any time prior to the entry of a plea, when it appears upon the face thereof either: (a) If an…
- § 1005 The demurrer must be in writing, signed either by the defendant or his counsel, and filed. It must distinctly specify the grounds of objection to the…
- § 1006 Upon the demurrer being filed, the argument upon the objections presented thereby must be heard immediately, unless for exceptional cause shown, the court…
- § 1007 Upon considering the demurrer, the court must make an order either overruling or sustaining it. If the demurrer to an indictment or information is overruled,…
- § 1008 If the demurrer is sustained, and no amendment of the accusatory pleading is permitted, or, in case an amendment is permitted, no amendment is made or amended…
- § 1009 An indictment, accusation or information may be amended by the district attorney, and an amended complaint may be filed by the prosecuting attorney, without…
- § 1010 When an indictment or information is dismissed after the sustaining of a demurrer, or at any other stage of the proceedings because of any defect or…
- § 1012 When any of the objections mentioned in Section 1004 appears on the face of the accusatory pleading, it can be taken only by demurrer, and failure so to take…
CHAPTER 4. Plea §§ 1016–1027 · 23 sections
- § 1016 There are six kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction: 1. Guilty. 2. Not guilty. 3. Nolo…
- § 1016.2 The Legislature finds and declares all of the following: (a) In Padilla v. Kentucky, 559 U.S. 356 (2010), the United States Supreme Court held that the Sixth…
- § 1016.3 (a) Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the…
- § 1016.5 (a) Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except offenses designated as infractions…
- § 1016.7 (a) In the interest of justice, and in order to reach a just resolution during plea negotiations, the prosecutor shall consider during plea negotiations, among…
- § 1016.8 (a) The Legislature finds and declares all of the following: (1) The California Supreme Court held in Doe v. Harris (2013) 57 Cal.4th 64 that, as a general…
- § 1017 Every plea must be made in open court and, may be oral or in writing, shall be entered upon the minutes of the court, and shall be taken down in shorthand by…
- § 1018 Unless otherwise provided by law, every plea shall be entered or withdrawn by the defendant himself or herself in open court. No plea of guilty of a felony for…
- § 1019 The plea of not guilty puts in issue every material allegation of the accusatory pleading, except those allegations regarding previous convictions of the…
- § 1020 All matters of fact tending to establish a defense other than one specified in the fourth, fifth, and sixth subdivisions of Section 1016, may be given in…
- § 1021 If the defendant was formerly acquitted on the ground of variance between the accusatory pleading and the proof or the accusatory pleading was dismissed upon…
- § 1022 Whenever the defendant is acquitted on the merits, he is acquitted of the same offense, notwithstanding any defect in form or substance in the accusatory…
- § 1023 When the defendant is convicted or acquitted or has been once placed in jeopardy upon an accusatory pleading, the conviction, acquittal, or jeopardy is a bar…
- § 1024 If the defendant refuses to answer the accusatory pleading, by demurrer or plea, a plea of not guilty must be entered.
- § 1025 (a) When a defendant who is charged in the accusatory pleading with having suffered a prior conviction pleads either guilty or not guilty of the offense…
- § 1026 (a) If a defendant pleads not guilty by reason of insanity, and also joins with it another plea or pleas, the defendant shall first be tried as if only the…
- § 1026.1 A person committed to a state hospital or other treatment facility under the provisions of Section 1026 shall be released from the state hospital or other…
- § 1026.2 (a) An application for the release of a person who has been committed to a state hospital or other treatment facility, as provided in Section 1026, upon the…
- § 1026.3 A person committed to a state hospital or other treatment facility under Section 1026, and a person placed pursuant to subdivision (e) of Section 1026.2 as…
- § 1026.4 (a) Every person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1026, who escapes from…
- § 1026.5 (a) (1) In the case of any person committed to a state hospital or other treatment facility pursuant to Section 1026 or placed on outpatient status pursuant to…
- § 1026.6 Whenever any person who has been committed to a state hospital pursuant to Section 1026 is released for any reason, including placement on outpatient status,…
- § 1027 (a) When a defendant pleads not guilty by reason of insanity the court shall select and appoint two, and may select and appoint three, psychiatrists, or…
CHAPTER 5. Transmission of Certain Indictments and Information § 1029 · 1 section
- § 1029 When an indictment is found or an information filed in the superior court against a judge thereof, a certificate of that fact must be transmitted by the clerk…
CHAPTER 6. Change of Venue §§ 1033–1038 · 10 sections
- § 1033 In a criminal action pending in the superior court, the court shall order a change of venue: (a) On motion of the defendant, to another county when it appears…
- § 1033.1 In any criminal action or proceeding in which the place of trial has been changed for any of the reasons set forth in Section 1033, the court, upon its own…
- § 1035 A defendant arrested, held, or present in a county other than that in which an indictment, information, felony complaint, or felony probation violation is…
- § 1036 (a) Unless the court reserves jurisdiction to hear other pretrial motions, if a defendant is incarcerated and the court orders a change of venue to another…
- § 1036.5 Following the resolution of pre-trial motions, and prior to the issuance of an order under Section 1036 or the transmittal of the case file for the purpose of…
- § 1036.7 When a change of venue is ordered and the court, upon motion to transfer a jury or on its own motion and upon unanimous consent of all defendants, determines…
- § 1037 (a) When a court orders a change of venue to a court in another county, all costs incurred by the receiving court or county, that are not payable pursuant to…
- § 1037.1 (a) Change of venue costs, as defined in Section 1037, that are court operations, as defined in Section 77003 of the Government Code and Rule 10.810 of the…
- § 1037.2 (a) Change of venue costs, as defined in Section 1037, that are incurred by the receiving county and not defined as court operations under Section 77003 of the…
- § 1038 The Judicial Council shall adopt rules of practice and procedure for the change of venue in criminal actions.
CHAPTER 7. The Mode of Trial §§ 1041–1045 · 7 sections
- § 1041 An issue of fact arises: 1. Upon a plea of not guilty. 2. Upon a plea of a former conviction or acquittal of the same offense. 3. Upon a plea of once in…
- § 1042 Issues of fact shall be tried in the manner provided in Article I, Section 16 of the Constitution of this state.
- § 1042.5 Trial of an infraction shall be by the court, but when a defendant has been charged with an infraction and with a public offense for which there is a right to…
- § 1043 (a) Except as otherwise provided in this section, the defendant in a felony case shall be personally present at the trial. (b) The absence of the defendant in…
- § 1043.5 (a) Except as otherwise provided in this section, the defendant in a preliminary hearing shall be personally present. (b) The absence of the defendant in a…
- § 1044 It shall be the duty of the judge to control all proceedings during the trial, and to limit the introduction of evidence and the argument of counsel to…
- § 1045 In any misdemeanor or infraction matter, where a verbatim record of the proceedings is not required to be made and where the right of a party to request a…
CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial §§ 1046–1051 · 10 sections
- § 1046 Trial juries for criminal actions are formed in the same manner as trial juries in civil actions.
- § 1048 (a) The issues on the calendar shall be disposed of in the following order, unless for good cause the court directs an action to be tried out of its order: (1)…
- § 1048.1 (a) In scheduling a trial date at an arraignment in superior court involving any of the following offenses, reasonable efforts shall be made to avoid setting…
- § 1048.2 Notwithstanding subdivision (b) of Section 1048, for good cause shown, the court may grant priority to an action for an alleged violation of Section 236.1 as…
- § 1049 After his plea, the defendant is entitled to at least five days to prepare for trial.
- § 1049.5 In felony cases, the court shall set a date for trial which is within 60 days of the defendant’s arraignment in the superior court unless, upon a showing of…
- § 1050 (a) The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the…
- § 1050.1 In any case in which two or more defendants are jointly charged in the same complaint, indictment, or information, and the court or magistrate, for good cause…
- § 1050.5 (a) When, pursuant to subdivision (c) of Section 1050, the court imposes sanctions for failure to comply with the provisions of subdivision (b) of Section…
- § 1051 Upon a trial for any offense, if a defense witness testifies, there shall be good cause for a reasonable continuance unless the court finds that the prosecutor…
CHAPTER 9. Postponement of the Trial § 1053 · 1 section
- § 1053 If after the commencement of the trial of a criminal action or proceeding in any court the judge or justice presiding at the trial shall die, become ill, or…
CHAPTER 10. Discovery §§ 1054–1054.10 · 11 sections
- § 1054 This chapter shall be interpreted to give effect to all of the following purposes: (a) To promote the ascertainment of truth in trials by requiring timely…
- § 1054.1 The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of…
- § 1054.2 (a) (1) Except as provided in paragraph (2), no attorney shall disclose or permit to be disclosed to a defendant, members of the defendant’s family, or anyone…
- § 1054.3 (a) The defendant and his or her attorney shall disclose to the prosecuting attorney: (1) The names and addresses of persons, other than the defendant, he or…
- § 1054.4 Nothing in this chapter shall be construed as limiting any law enforcement or prosecuting agency from obtaining nontestimonial evidence to the extent permitted…
- § 1054.5 (a) No order requiring discovery shall be made in criminal cases except as provided in this chapter. This chapter shall be the only means by which the…
- § 1054.6 Neither the defendant nor the prosecuting attorney is required to disclose any materials or information which are work product as defined in subdivision (a) of…
- § 1054.7 The disclosures required under this chapter shall be made at least 30 days prior to the trial, unless good cause is shown why a disclosure should be denied,…
- § 1054.8 (a) No prosecuting attorney, attorney for the defendant, or investigator for either the prosecution or the defendant shall interview, question, or speak to a…
- § 1054.9 (a) In a case in which a defendant is or has ever been convicted of a felony resulting in incarceration in the Department of Corrections and Rehabilitation,…
- § 1054.10 (a) Except as provided in subdivision (b), no attorney may disclose or permit to be disclosed to a defendant, members of the defendant’s family, or anyone else…