CHAPTER 1. Of the Arraignment of the Defendant

Chapter 1 enacted by Stats. 1872.

§§ 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…