Title 8 — Criminal Procedure
36 chapters · 431 sections in this title.
8 GCA § 45.10 Duty to Delivery Arrestee to Judge, or to Peace Officer
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(a) An officer making an arrest under a warrant or any person making an arrest without a warrant shall take the arrested person without unnecessary delay before a judge of the Superior Court. (b) Notwithstanding Subsection (a), a private person who has arrested another for the co…
8 GCA § 45.20 Complaint to be Filed; When
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(a) Where a person is arrested without a warrant, at or before the time he is brought before the court pursuant to § 45.10, the prosecuting attorney shall file a complaint which satisfies the requirements of § 15.10 and affidavits showing probable cause to believe that an offense…
8 GCA § 45.30 First Appearance; Statement by Court; Public Defender Allowed
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(a) At the time the defendant is brought before the court pursuant to § 45.10 or appears pursuant to a summons issued pursuant to Chapter 15 (commencing with § 15.10) or a notice to appear pursuant to § 25.20, the court shall inform the defendant; (1) of the complaint against him…
8 GCA § 45.40 Procedure When Public Defender Cannot Serve
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In any criminal or juvenile proceeding in which a person is entitled to be represented by counsel at public expense and because of a conflict of interest the attorneys from the Public Defender Divisions, the attorneys from the Alternate Public Defender Division, and the attorneys…
8 GCA § 45.45 Waiver of Indictment; of Preliminary Examination
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In any case where the defendant has the right to prosecution by indictment, he may waive such right at any time after he has been advised of his rights pursuant to § 45.30. If the defendant has also waived his right to a preliminary examination, upon waiver of prosecution by indi…
8 GCA § 45.50 Preliminary Examination: Date; Purpose; None Required When Indictment Precedes
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(a) Except as otherwise provided by this Section and § 45.45, in every case where a preliminary examination is required by §§ 1.15 and 1.17, such examination shall be held within the time set by the court pursuant to Subsection (b) to determine whether there is probable cause to …
8 GCA § 45.60 Preliminary Examination: Procedure
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At the preliminary examination, the court shall take evidence in the same manner as at trial. Witnesses shall be examined in the presence of the defendant. The defendant may cross-examine witnesses against him and may introduce evidence in his own behalf. Objections to the admiss…
8 GCA § 45.70 Preliminary Examination to be Recorded; Accessibility
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The preliminary examination shall be either recorded by suitable sound recording equipment or taken down by a court reporter. The court, upon timely application and such terms and conditions as it may require, shall give the attorney for the defendant and the prosecuting attorney…
8 GCA § 45.80 Procedure Where Probable Cause Shown; Not Shown
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(a) If from the evidence taken at the preliminary examination, it appears that there is probable cause to believe that an offense has been committed and that the defendant has committed it, the court shall hold the defendant to answer and shall order the prosecuting attorney to f…