CHAPTER 4. Plea
Chapter 4 enacted 1872.
§§ 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- § 1018 Unless otherwise provided by law, every plea shall be entered or withdrawn by the defendant himself or herself in open court.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…