Title 8 — Criminal Procedure

Stated; Service Upon Attorney General. Every application for a writ of habeas corpus shall be verified, and shall state whether any prior application has been made for a writ in regard to the same detention or restraint complained of in the application, and if any such prior appl…

Any judge authorized to grant the writ, to whom a petition therefor is presented, shall, if it appears that the writ ought to issue, grant the same without delay; and if the person by or upon whose behalf the application for the writ is made be detained upon a criminal charge, ma…

The writ shall be directed to the person having custody of for restraining the person in whose behalf the application is made, and shall command him to have the body of such person before the court, at the time and place therein specified.

COL120106 If the writ is directed to the Chief of Police or other ministerial officer of the court out of which it issues, it shall be delivered by the clerk to such officer without delay, as other writ are delivered for service. If it is directed to any other person, it shall be…

If the person to whom the writ is directed refuses, after service, to obey the same, the court or judge, upon affidavit, shall issue an attachment against such person, directed to the Chief of Police, commanding him forthwith to apprehend such person and bring him immediately bef…

The person upon whom the writ is served shall state in his return, plainly and unequivocally: (a) Whether he has or has not the party in his custody, or under his power or restraint; (b) If he has the party in his custody or power, or under his restraint, he shall state the autho…

Except as provided in § 135.28, the person to whom the writ is directed, if it is served, shall bring the body of the party in his custody or under his restraint, according to the command of the writ.

When, from sickness or infirmity of the person directed to be produced, he cannot, without danger, be brought before the court, the person in whose custody or power he is may state that fact on his return to the writ, verifying the same by affidavit. If the court is satisfied of …

The court before whom the writ is returned shall, immediately after the return, proceed to hear and examine the return, and such other matters as may be properly submitted to his hearing and consideration. NOTE: Section 135.30 is substantively the same as former § 14.83. See also…

The party brought before the court, on the return of the writ, may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful, or that he i…

Restraint. If no legal cause is shown for the imprisonment or restraint, or for the continuation thereof, the court shall discharge the party from the custody or restraint under which he is held. NOTE: Section 135.34 is substantively the same as former § 1485. See also Cal. Pen. …

The court, if the time during which the party may be legally detained in custody has not expired, shall remand such party, if it appears that he is detained in custody: (a) By virtue of process issued by any court or judge of the United States, in a case where such court or judge…

From Guam Courts. If it appears on the return of the writ that the prisoner is in custody by virtue of process from any court of this Territory, or judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restrictions of 135.36: (a) …

If any person is committed to prison, or is in custody of any officer on any criminal charge, by virtue of any warrant of commitment of a judge, such person shall not be discharged on the ground of any mere defect of form in the warrant of commitment. NOTE: Section 135.40 is subs…

an Offense. If it appears to the court, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment and such other papers in the proceedings as may be shown to the court, that the party is guilty of a criminal offense, or ought not to be discharged, …

to Chapter 40. When a person is imprisoned or detained in custody on any criminal charge, for want of a judicial determination regarding his release pursuant to Chapter 40 (commencing with § 40.10), such person is entitled to a writ of habeas corpus for the purpose of obtaining s…

Any judge before whom a person is brought on a writ of habeas corpus pursuant to § 135.44 may order the release of such person in the manner and subject to the conditions provided by Chapter 40 (commencing with § 40.10). NOTE: Section 135.46 is substantively the same as former § …

If a party brought before the court on the return of the writ is not entitled to discharge or release, the court shall remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he was legally entitled thereto. N…

Transfer Custody From Improper to Proper Person. In cases where any party is held under illegal restraint or custody, but any other person is entitled to the restraint or custody of such party, the court may order such party to be committed to the restraint or custody of such per…

Until judgment is given on the return, the court before whom any party may be brought on such writ, may commit him to the custody of the Chief of Police, or place him in such care or under such custody as his age or circumstances may require. NOTE: Section 135.52 is substantively…

No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appear therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the court before whom he is to be brought. NOTE: Section 135…

No person who has been discharged by the order of the court upon habeas corpus can be again imprisoned, restrained, or kept in custody for the same cause, except in the following cases: (a) If he has been discharged from custody on a criminal charge, and is afterwards committed f…

When it appears to any court, authorized by law to issue the writ of habeas corpus, that anyone is illegally held in custody, confinement, or restraint, and that there is reason to believe that such person will be carried out of the jurisdiction of the court before whom the appli…

The court may also insert in a warrant issued pursuant to § 135.58 a command for the apprehension of the person charged with such illegal detention and restraint. NOTE: Section 135.60 is substantively the same as former § 1498. See also Cal. Pen. Code § 1498 (same).

(Applicable to § 135.58 only). The officer to whom a warrant issued pursuant to § 135.58 is delivered shall execute it by bringing the person therein named before the court who directed the issuing of such warrant. NOTE: Section 135.62 is substantively the same as former § 1499. …

The person alleged to have the party under illegal confinement or restraint make return to a warrant issued pursuant to § 135.58 as in case of a writ of habeas corpus, and the same may be denied, and like allegations, proofs, an trial may thereupon be had as upon a return to a wr…

If the party is held under illegal restraint or custody, he shall be discharged; and if not, he shall be restored to the care of custody of the person entitled thereto. NOTE: Section 135.68 is substantively the same as former § 1501. See also Cal. Pen. Code § 1500 (same). COL1201…

Any writ or process authorized by this Chapter may be issued an served on any day or at any time. NOTE: Section 135.68 is identical to former § 1502. See also Cal. Pen. Code § 1502 (same).

All writs, warrants, process, and subpoenas authorized by the provisions of this Chapter shall be issued by the clerk of the court, and except subpoenas, shall be sealed with the seal of the court and served and returned forthwith, unless the court shall specify a particular time…

Bail Permitted. An appeal may be taken to the Guam Supreme Court by the Attorney General from a final order of the Superior Court made upon the return of a writ of habeas corpus discharging a defendant after his conviction, in all criminal cases prosecuted in a court of record. I…

This Chapter may be cited and referred to as the Uniform Extradition and Rendition Act (1983).

As used in this Chapter: 1. Arrest warrant means any document that authorizes a peace officer to take custody of a person. 2. Certified copy means a copy of a document accompanied by a statement of a custodian authorized by the law of a state to maintain that the copy of the docu…

The law of pretrial release, contained in Chapter 40 of this Title, governs release of a person pursuant to § 140.24, § 140.35, § 140.44 and § 140.50.

This Chapter and proceedings under it are not exclusive and do not affect the authority of Guam to: 1. Try a demanded or requested person for a crime committed within Guam; COL120106 2. Take custody of a demanded or requested person by extradition or rendition proceedings for the…

(a) A peace officer may arrest a person without an arrest warrant upon probable cause to believe that the person is the subject of another state's arrest warrant issued for (i) commission of a crime punishable by death or imprisonment for a term exceeding one year, (ii) escape, o…

Demand or Request. COL120106 (a) Upon application of the Attorney General, a judge of the Superior Court shall authorize the issuance of an arrest warrant or other process to obtain the appearance of a person, if testimony or affidavit shows probable cause to believe: 1. The pers…

(a) The judge shall inform the person appearing pursuant to § 140.20 or § 140.22 of: 1. The name of the other state that has subjected the person to an arrest warrant; 2. The basis for the arrest warrant in the other state; 3. The right to assistance of counsel; and 4. The right …

COL120106 (a) If the person is not arrested pursuant to § 140.34 or 140.43 within the period specified in the arrest warrant or other process, the judge for good cause may issue further orders under § 140.24(c) for additional periods not exceeding sixty (60) days. Further extensi…

(a) The Governor may recognize a written demand by an executive authority for the extradition of a person, alleging that the person: 1. Is charged with a crime in the demanding state; or 2. Having been charged with or convicted of a crime in the demanding state has (i) escaped or…

The demand for extradition must be accompanied by a certified copy of an arrest warrant and one of the following: 1. A statement by the issuing authority that the arrest warrant was issued after a determination of probable cause to believe that a crime had been committed and that…

The Governor may: 1. Investigate the demand for extradition and the circumstances of the demanded person; 2. Request the Attorney General to investigate; or 3. Hold a hearing.

(a) If a demanded person is being prosecuted, is imprisoned, is on parole or probation, or is subject to an order arising out of a criminal proceeding in Guam, the Governor may: 1. Grant extradition; 2. Delay action; or COL120106 3. Agree with the executive authority of the deman…

(a) If the Governor decides to comply with the demand for extradition, he shall issue a warrant for the arrest and extradition of the demanded person. The Governor's warrant must recite the name of the state demanding extradition and the crime charged or other basis for the deman…

(a) A person arrested under a Governor's warrant must be brought forthwith before a judge of the Superior Court who shall receive the warrant and inform the person of: 1. The name of the state demanding extradition; 2. The crime charged or other basis for the demand; 3. The right…

(a) If the judge after hearing finds that the Governor has issued a warrant supported by the documentation required by § 140.30(a) and § 140.31, the judge shall issue an order to transfer custody pursuant to § 140.50 upon receipt of clear and convincing evidence that the arrested…

(a) Subject to Subsections (b) and (c), Guam may grant a written request by an issuing authority of another state for the rendition of a person in Guam. (b) The request may be refused if the requested person is: COL120106 1. Being prosecuted or is imprisoned in Guam for a crimina…

The request for rendition must be accompanied by a certified copy of the arrest warrant and one of the following: 1. A statement by the issuing authority that the arrest warrant was issued after a determination of probable cause to believe that a crime has been committed and the …

A request for rendition under § 140.40 of this Article must be filed with the Governor, who shall forward the request to the Attorney General. The Governor by written order may terminate the use of rendition at any time before the issuance of an order to transfer custody.

Upon receipt of a request under § 140.42, the Attorney General shall apply to a judge of the Superior Court for the issuance of an arrest warrant, or other process, to obtain the appearance of the requested person. If the judge finds that the provisions of § 140.40 and § 140.41 h…

(a) The judge shall inform the person appearing pursuant to § 140.43 of: 1. The name of the state requesting rendition; 2. The basis of the arrest warrant in the other state; 3. The right to assistance of counsel; and 4. The right to require a judicial hearing pursuant to § 140.4…