I. ARREST
A. In General.
1. [§1] What Constitutes Arrest.
2. [§2] Distinction: Temporary Detention.
3. Who May Arrest.
(a) Peace Officers.
(1) [§3] General Provisions.
(2) [§4] Local Law Enforcement Agency Personnel.
(3) [§5] State Law Enforcement Agency Personnel.
(4) [§6] Other Peace Officers.
(b) Public Officers.
(1) [§7] Local and State Officers.
(2) [§8] Federal Officers.
(c) [§9] Private Persons.
4. [§10] Immunity From Arrest.
5. Effects of Unlawful Arrest.
(a) [§11] Privilege of Arresting Officer.
(b) No Right To Resist.
(1) [§12] In General.
(2) [§13] Crimes Committed by Person Resisting Arrest.
(c) [§14] Remedies of Arrested Person.
B. Arrest by Officer With Warrant.
1. Complaint.
(a) [§15] Statutory Provisions.
(b) [§16] Factual Averments Required.
(c) [§17] Averments Sufficient.
2. [§18] Issuance and Service of Warrant.
3. Content and Form of Warrant.
(a) [§19] Statutory Requirements and Forms.
(b) [§20] Failure To Identify Defendant.
4. [§21] Warrant of Probable Cause for Arrest.
5. [§22] Summons.
6. [§23] Other Process Distinguished.
C. Arrest by Officer Without Warrant.
1. Arrest for Felony.
(a) [§24] Felony Committed.
(b) Probable (Reasonable) Cause.
(1) [§25] Nature of Concept.
(2) [§26] Determining Probable Cause.
(3) [§27] Illustrations: Probable Cause Shown.
(4) [§28] Arrest Within Home.
2. Arrest for Misdemeanor.
(a) Committed in Presence.
(1) [§29] Reasonable Belief.
(2) [§30] Presence Apparent to Senses.
(3) [§31] Intoxication and Motor Vehicles.
(b) Exceptions.
(1) [§32] Domestic Violence.
(2) [§33] Other Exceptions.
(c) [§34] Arrest by Public Officer or Employee.
3. [§35] Arrest of Probationer or Parolee.
D. Mechanics of Arrest.
1. In General.
(a) [§36] Notice of Intention, Authority, and Offense.
(b) [§37] Display of Warrant.
(c) [§38] Arrest in Day or Night.
2. Use of Force.
(a) [§39] Against Arrested Person.
(b) [§40] Breaking into Premises.
3. [§41] Summoning Assistance.
4. [§42] Search Incident to Arrest.
E. Citizen's Arrest.
1. [§43] Grounds.
2. [§44] Mechanics of Arrest.
F. Arrests for Vehicle Offenses.
1. [§45] In General.
2. [§46] Speed Traps.
3. [§47] Bringing Person Before Magistrate.
4. Release on Promise To Appear.
(a) [§48] Citation, Promise, and Release.
(b) [§49] Appearance, Bail Forfeiture, or Trial.
(c) [§50] Failure To Appear.
5. [§51] Promise To Correct Violation.
6. [§52] Notice of Violation in Traffic Accident.
G. Citations for Misdemeanors and Infractions.
1. [§53] In General.
2. [§54] Release on Promise To Appear.
3. [§55] Filing and Bail.
4. [§56] Warrant and Complaint.
5. [§57] Juvenile Offenses.
6. [§58] Reasons for Nonrelease.
H. Steps After Arrest.
1. In General.
(a) [§59] Booking, Fingerprinting, and Photographing.
(b) [§60] Tests for Intoxication or Addiction.
(c) [§61] Notification Concerning Particular Offenses.
2. Rights of Arrested Person.
(a) [§62] In General.
(b) [§63] Telephone Calls.
(c) [§64] Visit by Attorney.
(d) Taking Before Magistrate.
(1) [§65] Nature and Purpose of Requirement.
(2) Promptness: Within 48 Hours.
(aa) [§66] In General.
(bb) [§67] Scope of Requirement.
(cc) [§68] Distinction: Detention of Juveniles.
(3) [§69] Arrest in Another County.
(4) [§70] Complaint in Another County.
(5) [§71] Effect of Delay.
(e) Blood Test for Intoxication.
(1) [§72] Right of Arrested Person.
(2) [§73] Necessity of Proper Request.
3. [§74] Release Without Criminal Charge.
4. Retention, Sealing, and Destruction of Arrest Records.
(a) [§75] No Constitutional Right to Destruction of Records.
(b) [§76] Statutory Provisions.
II. BAIL
A. In General.
1. [§77] Nature of Bail.
2. [§78] Purpose of Bail.
3. [§79] California Law.
B. Right to Bail Before Conviction.
1. [§80] Bail as Matter of Right.
2. Exceptions.
(a) Capital Cases.
(1) [§81] No Right to Bail.
(2) [§82] What Constitutes Capital Crime.
(b) [§83] Public Safety.
C. Procedure.
1. Admission to Bail.
(a) [§84] On Arrest.
(b) [§85] After Being Held To Answer.
(c) [§86] After Indictment.
2. Fixing Amount.
(a) [§87] In General.
(b) [§88] Illustrations.
(c) [§89] Increase of Bail.
(d) [§90] Excessive Bail and Reduction.
3. Permissible Types of Bail.
(a) [§91] Undertaking.
(b) [§92] Deposit of Cash, Check, or Money Order.
(c) [§93] Deposit of Government Bonds.
(d) [§94] Equity in Real Property.
4. Exoneration of Bail.
(a) [§95] In General.
(b) [§96] Termination in Defendant's Favor.
(c) [§97] Judgment of Conviction and Commitment to Custody.
(d) [§98] Judgment of Conviction and Probation.
(e) [§99] Arrest and Surrender.
(f) [§100] Recommitment to Custody.
(g) [§101] Other Situations.
5. Effect of Defendant's Failure To Appear.
(a) [§102] Criminal Sanctions.
(b) Forfeiture of Bail.
(1) [§103] Grounds.
(2) [§104] Defenses.
(3) [§105] Timely Declaration and Continuance.
(4) Notice of Forfeiture.
(aa) [§106] In General.
(bb) [§107] Where Original Forfeiture Is Vacated.
(cc) [§108] Appeal Bond.
(5) [§109] Summary Judgment Against Sureties.
(c) Relief From Forfeiture.
(1) [§110] Appearance and Surrender of Defendant.
(2) [§111] Nonappearance Excused.
(3) [§112] Assessment of Costs.
6. [§113] Recommitment of Defendant.
D. Release on Own Recognizance.
1. [§114] In General.
2. [§115] Hearing.
3. [§116] Agreement and Conditions.
III. PRELIMINARY EXAMINATION
A. In General.
1. [§117] Nature and Purpose.
2. [§118] Guilt or Innocence Not Determined.
3. [§119] Where Examination Is Not Required.
4. Waiver of Right to Examination.
(a) [§120] Without Plea of Guilty.
(b) [§121] By Plea of Guilty or Nolo Contendere.
B. Right to Counsel.
1. [§122] Opportunity To Obtain Chosen Counsel.
2. [§123] Right to Appointment of Counsel.
3. [§124] Mandatory Representation in Capital Case.
4. [§125] When Waiver of Counsel Is Authorized.
5. [§126] Ineffective Waiver.
6. [§127] Self-Representation.
C. Time for Hearing.
1. [§128] Two Days To Prepare.
2. [§129] Statutory Time Limit.
3. [§130] Effect of Delay Beyond Limit.
4. [§131] Continuance as to Fewer Than All Defendants.
5. [§132] Review of Delay Beyond Limit.
6. [§133] Postponement.
D. Attendance at Hearing.
1. [§134] Presence of Defendant.
2. [§135] Exclusion and Separation of Witnesses.
3. Exclusion of Unauthorized Persons.
(a) [§136] At Defendant's Request.
(b) [§137] On Prosecutor's Motion.
(c) [§138] Admission of Victim's Family.
4. Attendant To Support Prosecuting Witness.
(a) [§139] In General.
(b) [§140] Statute Constitutional.
E. Evidence.
1. [§141] In General.
2. Admissibility of Hearsay.
(a) [§142] When Permitted.
(b) [§143] Double Hearsay Prohibited.
3. Evidence for Defense.
(a) [§144] Earlier Cases.
(b) [§145] Current Restrictions.
F. Determination.
1. [§146] Ruling on Demurrer.
2. [§147] Sufficiency of Showing.
3. Holding Defendant To Answer.
(a) [§148] In General.
(b) [§149] Transcript.
4. [§150] Reducing Charge to Misdemeanor.
5. Dismissal and Discharge.
(a) [§151] Order of Discharge.
(b) Motion To Reinstate Complaint.
(1) [§152] Statutory Provision.
(2) [§153] Scope of Statute.
IV. ACCUSATORY PLEADING
A. [§154] Nature and Types.
B. Indictment by Grand Jury.
1. [§155] Convening of Grand Jury.
2. Secrecy of Proceedings.
(a) [§156] General Policy.
(a-1) [§156A] (New) Ancillary Proceedings in Superior Court.
(b) [§157] Exclusion of Unauthorized Persons.
(c) [§158] Effect of Presence of Unauthorized Persons.
(d) [§159] Authorized Disclosures.
(e) [§160] Public Sessions on Official Misconduct.
3. [§161] Witnesses.
3A. [§161A] (New) Subpena Duces Tecum.
4. Evidence.
(a) [§162] Competency.
(b) [§163] Sufficiency.
(c) [§164] Exculpatory Evidence.
5. Indictment and Subsequent Proceedings.
(a) [§165] Finding.
(b) [§166] Presentment and Warrant.
(c) [§167] Transcript to Defendant.
(d) [§168] No Postindictment Preliminary Hearing.
C. Information by District Attorney.
1. [§169] Nature and Requisites.
2. [§170] Procedure.
3. Offense Named or Related Offenses.
(a) [§171] Statutory Rule.
(b) [§172] Modified Rule.
(c) [§173] Illustrations of Proper Charges.
(d) [§174] Improper Charge of Unrelated Offense.
(e) [§175] Renewal of Charges Dismissed by Magistrate.
D. Form and Content.
1. [§176] Formal Parts.
2. [§177] Requisites of Due Process.
3. Liberal Rules.
(a) [§178] Simplified Pleading.
(b) Allegations in Statutory Language.
(1) [§179] Statutory Language Sufficient.
(2) [§180] Statutory Language Insufficient.
(c) [§181] Any Words Giving Notice.
(d) [§182] Designation of Statute by Number.
4. Illustrations of Simplified Pleading.
(a) [§183] Theft.
(b) [§184] Murder and Manslaughter.
(c) [§185] Felonious Assault.
(d) [§186] Robbery and Kidnaping for Robbery.
(e) [§187] Conspiracy.
(f) [§188] Other Offenses.
5. Nonprejudicial Defects.
(a) [§189] Doctrine of Nonprejudicial Error.
(b) [§190] Clerical Error or Surplusage.
(c) [§191] Immaterial Variance.
(d) Time of Offense.
(1) [§192] General Rule.
(2) [§193] Separate Incidents Involved.
(e) [§194] Victim.
(f) [§195] Place.
(g) [§196] Property.
6. Matters Unnecessary To Plead.
(a) [§197] In General.
(b) [§198] Manner or Means of Committing Offense.
(c) [§199] Intent and Knowledge.
(d) [§200] Degree of Crime.
(e) [§201] Aiding and Abetting.
7. Statutory Exceptions.
(a) [§202] In General.
(b) [§203] When Element of Crime.
8. [§204] Timely Prosecution or Excuse.
9. [§205] Prior Conviction.
10. [§206] Serious Felony.
E. Joinder of Offenses in Separate Counts.
1. [§207] In General.
2. [§208] Crimes Connected.
3. [§209] Same Offense Differently Stated.
4. [§210] Same Class.
5. [§211] Multiple Bases for Joinder.
F. Amendment of Accusatory Pleading.
1. [§212] Authority To Amend.
2. Procedure.
(a) [§213] In General.
(b) [§214] Rearraignment and Plea.
(c) [§215] Continuance.
3. [§216] Improper Amendments.
4. Permissible Amendments.
(a) [§217] In General.
(b) [§218] Different or Additional Offenses.
(c) [§219] Minor Defects.
G. [§220] Complaint in Misdemeanor and Infraction Cases.
V. ARRAIGNMENT
A. In General.
1. [§221] Nature of Proceeding.
2. [§222] Time and Place.
3. [§223] Presence of Defendant.
B. Right to Counsel.
1. [§224] In General.
2. [§225] Sufficiency of Advice About Right.
C. Proceedings on Arraignment.
1. [§226] In General.
2. [§227] Determining Probable Cause in Misdemeanor Case.
VI. ATTACK ON DEFECTIVE INDICTMENT OR INFORMATION
A. Motion To Set Aside.
1. [§228] Nature of Motion.
2. [§229] Indictment: Procedural Defects.
3. Information: Defendant Not Legally Committed.
(a) [§230] In General.
(b) [§231] Rulings on Evidence.
4. Indictment or Information: Lack of Evidence.
(a) [§232] No Reasonable Cause.
(b) [§233] Illustrations.
(c) [§234] Distinctions.
5. Indictment of Information: Nonstatutory Grounds.
(a) [§235] Grant of Immunity.
(b) [§236] Discriminatory Prosecution.
(c) [§237] Statute of Limitations.
(d) [§238] Other Grounds.
6. Procedure.
(a) [§239] In General.
(b) [§240] Information: Correction of Minor or Technical Errors.
7. [§241] Waiver by Failure To Move.
B. Writ of Prohibition.
1. [§242] In General.
2. Lack of Evidence.
(a) [§243] Nature of Ground.
(b) [§244] Procedure.
(c) [§245] Illustrations: Prohibition Granted.
(d) [§246] Illustrations: Prohibition Denied.
C. Demurrer.
1. [§247] Nature of Pleading.
2. Grounds.
(a) [§248] Fundamental Defects.
(b) [§249] Uncertainty.
(c) [§250] Misjoinder.
3. [§251] Form and Procedure.
4. [§252] Waiver by Failure To Demur.
VII. PLEA
A. The Statutory Pleas.
1. [§253] In General.
2. [§254] Not Guilty.
3. Former Judgment or Jeopardy.
(a) [§255] Necessity of Special Plea.
(b) [§256] Form of Plea.
4. Not Guilty by Reason of Insanity.
(a) [§257] Necessity of Special Plea.
(b) [§258] Single or Double Plea.
5. [§259] Guilty.
6. [§260] Nolo Contendere.
B. Procedure in Entering Plea.
1. [§261] Time and Form.
2. [§262] Plea by Defendant or Counsel.
3. [§263] Necessity of Counsel.
4. [§264] Refusal or Failure To Enter Plea.
5. Vehicle Offenses.
(a) [§265] Plea on Request.
(b) [§266] Consolidated Pleas.
(c) [§267] Plea Options for Infractions.
C. Requirements for Valid Plea.
1. Felony Cases (Boykin-Tahl Requirements).
(a) [§268] Federal Rule: Intelligent and Voluntary Waiver of Rights.
(b) [§269] California Rule: Express Advice and Waiver of Rights.
(c) [§270] Nature and Scope of Requirements.
(d) [§271] Illustrative Cases.
2. Misdemeanor Cases.
(a) [§272] In General.
(b) [§273] Illustrative Cases.
3. [§274] Infraction Cases.
4. Admonitions Required.
(a) [§275] Advice on Nature of Charge.
(b) Advice on Prior Convictions.
(1) [§276] In General.
(2) [§277] Words Used.
(3) [§278] Illustrations.
(c) Advice on Consequences of Plea.
(1) [§279] Direct Consequences.
(2) [§280] Collateral Consequences.
(3) [§281] Not Guilty by Reason of Insanity Plea.
(4) [§282] Sentencing.
5. [§283] Deportation or Denial of Naturalization of Aliens.
D. Change of Plea.
1. [§284] Addition of Insanity Plea.
2. [§285] Withdrawal of Insanity Plea.
3. Withdrawal of Not Guilty Plea.
(a) [§286] In General.
(b) [§287] Discretion of Court.
4. Withdrawal of Guilty Plea.
(a) Motion.
(1) [§288] In General.
(2) [§289] Before Judgment.
(b) [§290] Showing Required.
(c) [§291] Discretion To Grant or Deny.
(d) [§292] Abuse of Discretion.
(e) Reliance on Official Promises as Basis.
(1) [§293] In General.
(2) [§294] Mistaken Expectation Without Inducement.
(f) Ineffective Representation as Basis.
(1) [§295] In General.
(2) [§296] Advice Against Accepting Plea Bargain.
(3) [§297] Misjudgment or Failure To Anticipate Change in Law.
(4) [§298] Conflict of Interest.
(g) [§299] Effect of Delay or Prior Denial.
(h) [§300] Effect of Granting Motion.
(i) [§301] No Reconsideration When Motion Granted.
(j) [§302] Review of Denial.
VIII. PLEA BARGAINING
A. In General.
1. [§303] Nature of Plea Bargain.
2. [§304] Judicial and Statutory Recognition.
3. [§305] Participation by Judge.
4. Consent of Prosecutor.
(a) [§306] In General.
(b) [§307] Separation of Powers Doctrine.
B. Limitations.
1. [§308] In General.
2. [§309] Scope and Effect.
C. Specific Types of Plea Bargains.
1. [§310] Plea to Related Lesser Offense.
2. [§311] Hybrid Plea.
3. Plea Specifying Degree.
(a) [§312] In General.
(b) [§313] Withdrawal.
4. Plea Specifying Punishment.
(a) [§314] In General.
(b) [§315] Factual Basis for Plea.
(c) Right To Withdraw Plea When Court Withdraws Approval.
(1) [§316] In General.
(2) [§317] When Defendant Fails To Appear.
5. [§318] Package-Deal Plea Bargain.
6. [§319] Plea Coupled With Claim of Innocence.
7. [§320] Restitution on Dismissed Charge.
D. Record of Agreement.
1. [§321] In General.
2. [§322] Knowledge of Rights.
E. [§323] Proper Judge.
F. Refusal To Accept Bargain.
1. [§324] In General.
2. [§325] Prosecutorial Vindictiveness.
G. Relief From Bargain.
1. [§326] Change in Maximum Penalty.
2. [§327] Decriminalization of Conduct.
3. [§328] Impossibility of Performance.
4. [§329] Revival of Charges.
5. [§330] Modification of Probation.
6. [§331] Misadvisement.
7. [§331A] (New) Impremissble Conditions.
H. Court's Power To Set Aside Guilty or Nolo Contendere Plea.
1. [§332] Plea Properly Set Aside.
2. [§333] Plea Improperly Set Aside.
I. Nonperformance of Bargain.
1. By Prosecutor or Judge.
(a) [§334] Vacation of Judgment and Withdrawal of Plea.
(b) [§335] Modification of Judgment.
(c) Specific Performance.
(1) [§336] Nature of Remedy.
(2) [§337] Remedy Available.
(3) [§338] Remedy Not Available.
(d) [§339] Withdrawal by Prosecution.
2. [§340] By Defendant.
IX. DEFERRED
ENTRY OF JUDGMENT (DIVERSION) AND OTHER SPECIAL PROGRAMS
A. Substance Abuse.
1. [§341] Nature and Purpose.
2. Eligibility.
(a) [§342] Offenses and Conditions.
(b) [§343] Construction of Statute.
(c) [§344] Effect of Other Pending Charges.
(d) [§345] Mandatory Application for Misdemeanor Possession of Marijuana.
(e) [§346] No Diversion After Trial.
3. [§347] Statement From Prosecuting Attorney.
4. [§348] Request by Defendant.
5. [§349] Reference to Probation Department.
6. [§350] Hearing and Determination.
7. [§351] No Waiver by Making Pretrial Motions.
8. [§352] Review of Determination.
9. [§353] Defendant's Satisfactory Performance.
10. [§354] Reinstitution of Criminal Proceedings.
B. [§355] Community Conflict Resolution Program.
C. [§356] Other Programs.
D. [§357] Fees.