Title 8, Criminal Procedure

Failure to Appear. (a) When a person is brought before the court pursuant to §§ 40.65 or 40.70, or, when after a noticed hearing, the court finds that a person released pursuant to this Chapter has willfully violated the conditions imposed on his release or that a change in circu…

(a) In any case in which a person is detained or released on a condition requiring him to return to custody after specified hours, after review of his application pursuant to § 40.50, or in which a person's release is revoked pursuant to § 40.75, an appeal may be taken. (b) Any o…

tions. (a) A person who has been convicted of an offense and is either awaiting sentence or has filed an appeal, shall be released pursuant to §§ 40.15 or 40.20 pending the imposition of sentence or the final determination of the appeal, by the court having jurisdiction of the ca…

Underlying Offense is Felony; Misdemeanor if Misdemeanor. (a) Any person released pursuant to this Chapter who willfully fails to appear before any court or judge as required is: (1) guilty of a felony, if he was released in connection with a charge of felony, or while awaiting s…

(a) Upon the declaration of a forfeiture pursuant to § 40.90, the clerk of the court shall mail notice of the forfeiture to any surety or depositor, other than the person required to appear. The clerk shall execute an affidavit of mailing and place it in the court's file in the c…

(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…

(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…

(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…

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…

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…

(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 …

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…

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…

(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…

(a) A grand jury is a body of the required number of persons summoned by the court and sworn to inquire into felonies and any related misdemeanors triable by the court. (b) The chief judge of the superior court shall order one or more grand juries to be summoned at such times as …

COL050108 Timely. (a) The attorney for the government or a defendant who has appeared pursuant to § 45.30 may challenge the array of jurors on the ground that the grand jury was not selected drawn or summoned in accordance with law, and may challenge an individual juror on the gr…

(a) When the grand jury is impaneled and sworn, it shall be charged by the court. In doing so, the court shall give the grand jurors such information on what the court deems proper, in addition to instructing them to their duties under this Chapter. (b) The grand jury may, at any…

(a) The court shall appoint one of the jurors to be foreman and another to be deputy foreman. The foreman shall have power to administer oaths and affirmations and shall sign all indictments. (b) The foreman, or another juror designated by him, shall keep a record of the number o…

The prosecuting attorney, the witness under examination (who may be accompanied by his attorney for the sole purpose of consultation), interpreters when needed and, for the purpose of taking evidence, a stenographer and operator of a recording device may be present while the gran…

Before considering a charge against any person, the prosecuting attorney shall state to those present the matter to be considered and the person to be charged with an offense in connection therewith. He shall request any member of the grand jury who has a state of mind in referen…

(a) Except as otherwise provided by § 50.22, no juror may disclose any statement made or action taken by any member of the grand jury during its deliberations or voting on any matter before it. (b) Except as otherwise provided by § 50.38 and this Section, no juror, attorney, inte…

(a) In all grand jury proceedings, the testimony taken and questions asked before the grand jury has commenced its deliberation shall be recorded stenographically, or electronically, including digital and/or analog formats. The prosecuting attorney and defendant, or his attorney,…

The grand jury shall receive only competent evidence but the fact that evidence which is incompetent was received by the grand jury does not render the indictment void where sufficient competent evidence to support the indictment was received by the grand jury. SOURCE: Amended by…

to Disclose Exculpating Evidence in His Possession. The grand jury shall receive only evidence presented to it by the prosecuting attorney but the prosecuting attorney shall submit any evidence in his possession which would tend to negate guilt and the grand jury shall weigh all …

In any proceeding before a grand jury when a person refuses to answer a question or produce evidence of any kind on the ground that he may be incriminated thereby, proceedings may be had under § 1.21.

(a) An indictment is an accusation in writing, presented by the grand jury to a competent court, charging a person with a felony or a felony and a related misdemeanor. (b) The grand jury shall find an indictment when from the evidence presented there is reasonable cause to believ…

An indictment may be found only upon the concurrence of twelve (12) or more jurors. The indictment shall be returned by the grand jury to a judge in open court. If the defendant has been arrested and twelve (12) COL050108 jurors do not concur in finding an indictment, the foreman…

(a) A grand jury shall serve until discharged by the court but no grand jury may serve more than eighteen (18) months. (b) At any time for cause shown the court may excuse a juror either temporarily or permanently, and in the latter event the court may impanel another person in p…

Forfeiture. (a) The indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged and shall be signed by the prosecuting attorney. It need not contain a formal commencement, a formal conclusion or an…

The court on motion of the defendant may strike any surplusage from the indictment or information. NOTE: Section 55.15 is identical to former Rule 7(e) and former § 682(d). See also Fed. R. Crim. P. 7(d). See generally 8 Moore, Federal Practice &7.05[1] (1974).

The court may permit an indictment or information to be amended upon the application of the prosecuting attorney at any time before verdict or finding if no additional [or] different offense is charged and if substantial rights of the defendant are not prejudiced. COURT DECISIONS…

If the information or indictment in any criminal action has heretofore been lost or destroyed, or shall hereafter be lost or destroyed, the court shall upon the application of the prosecuting attorney or of the defendant, order a copy of such pleading to be filed and substituted …

Whether or not an indictment or information complies with § 55.10, if it fails to specify the particulars of the offense sufficiently to enable the defendant to prepare his defense, the court may, on motion of the defendant, require the prosecuting attorney to furnish the defenda…

(a) Two (2) or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged are of the same or similar character or are based on the same act or transaction or on two (2) or more acts or transactions connected tog…

(a) A prior conviction may be alleged when the existence of such conviction changes the punishment which can be imposed upon the defendant. Such conviction may be alleged by charging: AThat the defendant, before the commission of the offense charged was convicted of the crime of …

(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…

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…

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…

(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…

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…

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…

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…

(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…

(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…

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…

Pleadings in criminal proceedings shall be the indictment, information or complaint, and the pleas of not guilty, not guilty by reason of mental illness, disease or defect, guilty and nolo contendere. All other pleas and demurrers and motions to quash are abolished, and defenses …