Title 8 — Criminal Procedure
36 chapters · 431 sections in this title.
8 GCA § 80.10 Pretrial Conference
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At any time after the filing of the indictment, information or complaint, the court upon motion of any party or upon its own motion may order one or more conferences to consider such matters as will promote a fair and expeditious trial. At the conclusion of a conference the court…
8 GCA § 80.20 Clerk to Keep Calendar; Enumeration of Cases
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The clerk shall keep a calendar of all criminal actions pending in the court, enumerating them according to the date of filing of the indictment or information in felony cases or the complaint in non-felony cases, specifying opposite the title of each action whether or not it is …
8 GCA § 80.30 Order of Disposition
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The issues on the calendar shall be disposed of in the following order, unless for good cause the court shall direct an action to be tried out of its order: (a) Prosecutions for felony, when the defendant is in custody. (b) Prosecutions for non-felony offenses, when the defendant…
8 GCA § 80.40 Defendant's Preparation Time
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The defendant is entitled to at least five (5) days after entering his plea to prepare for trial but he may waive any part of such time. NOTE: Section 80.40 is substantively the same as former § 1049. See also Cal. Pen. Code § 1049 (same, but no express provision for waiver). See…
8 GCA § 80.50 Criminal Trials Expedited; Precedence
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(a) The welfare of the people of the territory of Guam requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time, and it shall be the duty of all courts and judicial COL020909 DISMISSAL; COMPROMISE officers and o…
8 GCA § 80.60 See generally 8A Moore, Federal Practice &&48.01-48.05 (1974); B. Witkin,
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California Criminal Procedure Trial §§ 302-323 (1963, Supp. 1973). Subsection (a) provides for dismissal by the government with leave of court. The entry of a nolle prosequi is abolished by § 80.80. Subsection (a) authorizes an application for dismissal by the prosecuting attorne…
8 GCA § 80.65 Expedited Trials of Sex Crimes Involving Minor Children as
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Victims or Witnesses; Continuance; Impact Statement. In any criminal proceeding involving an alleged sex crime perpetrated upon a minor child, or in which a minor child is expected to testify as a witness to a sex crime, the court shall, in order to minimize stress on such child,…
8 GCA § 80.70 When Prosecutor, Defendant, Court May Dismiss
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(a) The prosecuting attorney may with leave of court file a dismissal of an indictment, information or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant. The prosecuting attorney shall …
8 GCA § 80.75 Upon Dismissal Defendant to be Released to Bail Exonerated
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If the court directs the action to be dismissed, the defendant shall, if in custody, be discharged therefrom; and the dismissal shall exonerate any depositor or surety who has provided security pursuant to Chapter 40 (commencing with § 40.10) and entitles such person to the retur…
8 GCA § 80.80 “Nolle Prosequi” Abolished
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The entry of a nolle prosequi is abolished, and a prosecuting attorney cannot discontinue or abandon a prosecution for any offense, except as provided in § 80.70. NOTE: Section 80.80 is substantively the same as former § 1386. See also Cal. Pen. Code § 1386 (same). Federal law is…
8 GCA § 80.90 Misdemeanors May be Compromised; Procedure
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(a) When the defendant has been charged with the commission of an offense which is not a felony for which the person injured by the act constituting the offense has a remedy by a civil action, the offense may be compromised as provided by this Section. (b) If the person injured a…