Title 8 — Criminal Procedure
36 chapters · 431 sections in this title.
8 GCA § 60.10 When, How Arraignment Conducted
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(a) The defendant shall be arraigned promptly after the indictment or information is filed or after the complaint is filed where prosecution by complaint is required by § 1.15. (b) Arraignment shall be conducted in open court and shall consist of reading the indictment, informati…
8 GCA § 60.20 Identity of Defendant
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When the defendant is arraigned, he shall be informed that if the name by which he is prosecuted is not his true name, he shall declare his true name, or be proceeded against by the name in the indictment, information or complaint. If he gives no other name, the court may proceed…
8 GCA § 60.30 Time to Answer Allowed Defendant
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If, on the arraignment, the defendant requires it, he shall be allowed a reasonable time to answer. NOTE: Section 60.30 is substantively the same as former § 990. Compare Cal. Pen. Code § 990. See generally B. Witkin, California Criminal Procedure Proceedings Before Trial § 222(4…
8 GCA § 60.40 Pleas Which May be Entered
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(a) The following pleas may be entered by a defendant: (1) Not guilty. (2) Not guilty by reason of mental illness, disease or defect. (3) Guilty. (4) Nolo contendere. If a defendant refuses to plead or if the court refuses to accept a plea of guilty, or if a defendant corporation…
8 GCA § 60.50 Advice to Defendant Upon Plea of Guilty or “Nolo.”
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The court shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, informing him of and determining that he understands the following: (a) the nature of the charge to which the plea is offered; (b) that the defendan…
8 GCA § 60.60 Voluntariness to be Determined
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The court shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement. The court shall also inqui…
8 GCA § 60.70 Factual Basis of Plea Required
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The court shall not enter a judgment upon a plea of guilty unless it is satisfied that there is a factual basis for the plea. NOTE: Section 60.70 is identical to the last sentence of former § 995 and former Rule 11. See also § 1.6 set forth in ABA, Project on Minimum Standards fo…
8 GCA § 60.75 Degree of Offense to be Determined Upon Plea
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(a) Upon a plea of guilty to a crime divided into degrees, the court shall, before passing sentence, determine the degree. Upon the failure of the court to so determine, the degree of the crime of which the defendant is guilty shall be deemed to be of the lesser degree. (b) Notwi…
8 GCA § 60.80 Plea Bargaining Regulated
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(a) The attorney for the government and the attorney for the defendant or the defendant when acting pro se may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or rela…
8 GCA § 60.90 Verbatim Record Required
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A verbatim record of the proceedings at which the defendant enters a plea shall be made and, if there is a plea of guilty or nolo contendere, the record shall include, without limitation, the court’s advice to the defendant, the inquiry into the voluntariness of the plea includin…