Title 8 — Criminal Procedure

This Title 8 of the Guam Code Annotated shall be known as Criminal Procedure. COMMENT: This Title is adopted by P.L. 13-186 (Sept. 2, 1976) in order to minimize possible confusion with the Code of Civil Procedure when initials are used to refer to a particular code. P.L. 15-104:7…

If any provision of this Code, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect any other provision or application of this Code which can be given effect without the invalid provision or application, and to this end the p…

(a) The provisions of this Code govern the practice and procedure in every criminal proceeding prosecuted in the name of Guam. They are intended to provide for the just determination of every criminal proceeding and shall be construed to secure simplicity in procedure, fairness i…

Court. (a) Notwithstanding the provisions of § 1.07, the Judicial Council may, in its discretion, adopt such rules governing the procedure in the Traffic Court, a division of the Superior Court, as it shall deem necessary to secure simplicity and uniformity in procedure, fairness…

In any criminal action, the defendant is entitled: (a) To a speedy and public trial. (b) To defend in person and with counsel. Every defendant accused of a crime who is financially unable to employ counsel shall be entitled to have counsel assigned at public expense to represent …

(a) The defendant shall be present at the arraignment, at the time of the plea, at every stage of the trial including the impaneling of the jury and return of the verdict, and at the imposition of sentence, except as otherwise provided by this Section. (b) The further progress of…

Any felony together with any related misdemeanor shall be prosecuted by indictment, or, if indictment is waived, or a preliminary hearing held and an order issued holding the defendant to answer under § 45.80 of this Code, it may be prosecuted by indictment or by information. Any…

Unless a preliminary examination is waived by the defendant, an information may not be filed until there has been a preliminary examination of the case against the defendant and an order issued holding him to answer under § 45.80. The proceeding for a preliminary examination shal…

No person may be convicted of an offense except by verdict of a jury, accepted and recorded by the court, by a finding of the court in a case where a jury has been waived or is not required or by a plea of guilty or nolo contendere. COMMENT: § 1.19 is comparable to California Pen…

(a) In any investigation or proceeding for any offense, if a person refuses to answer a question or produce evidence of any other kind on the ground that he may be incriminated thereby, the prosecuting attorney may, in writing, request the Superior Court to order that person to a…

The taking of photographs in the courtroom during the progress of judicial proceedings, or radio or television broadcasting of judicial proceedings from the courtroom, shall be permitted by the Court, subject to restrictions in rules and regulations promulgated by the Court. SOUR…

(a) In computing any period of time the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period …

An application to the court for an order shall be by motion. A motion other than one made during a trial or hearing shall be in writing unless the court permits it to be made orally. It shall state the grounds upon which it is made and shall set forth the relief or order sought. …

(a) Written motions other than those which are heard ex parte, written notices, designations of record on appeal and similar papers shall be served upon each of the parties. (b) Whenever under this Code or by an order of the court service is required or permitted to be made upon …

The court shall be deemed always open for the purpose of filing any proper paper, of issuing and returning process and of making motions and orders. The clerk's office with the clerk or a deputy in attendance shall be open during business hours on all days except Saturday, Sunday…