California Penal Code CHAPTER 8 - Dismissal of the Action for Want of Prosecution or Otherwise

• Section 1381.
  Whenever a defendant has been convicted, in any court of this state, of the commission of a felony or misdemeanor and has been sentenced to...
• Section 1381.5.
  Whenever a defendant has been convicted of a crime and has entered upon a term of imprisonment therefor in a federal correctional institution located in...
• Section 1382.
  (a) The court, unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases:(1) When a person has been...
• Section 1383.
  If the defendant is not charged or tried, as provided in Section 1382, and sufficient reason therefor is shown, the court may order the action...
• Section 1384.
  If the judge or magistrate directs the action to be dismissed, the defendant must, if in custody, be discharged therefrom; or if admitted to bail,...
• Section 1385.
  (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice,...
• Section 1385.1.
  Notwithstanding Section 1385 or any other provision of law, a judge shall not strike or dismiss any special circumstance which is admitted by a plea...
• Section 1386.
  The entry of a nolle prosequi is abolished, and neither the Attorney General nor the district attorney can discontinue or abandon a prosecution for a...
• Section 1387.
  (a) An order terminating an action pursuant to this chapter, or Section 859b, 861, 871, or 995, is a bar to any other prosecution for the...
• Section 1387.1.
  (a) Where an offense is a violent felony, as defined in Section 667.5 and the prosecution has had two prior dismissals, as defined in Section 1387,...
• Section 1387.2.
  Upon the express consent of both the people and the defendant, in lieu of issuing an order terminating an action the court may proceed on...
• Section 1388.
  (a) In any case where an order for the dismissal of a felony action is made, as provided in this chapter, and where the defendant had...

Last modified: October 22, 2018