California Penal Code CHAPTER 1 - Of the Arraignment of the Defendant

  • Section 976.
    (a) When the accusatory pleading is filed, the defendant shall be arraigned thereon before the court in which it is filed, unless the action is transferred...
  • Section 977.
    (a) (1) In all cases in which the accused is charged with a misdemeanor only, he or she may appear by counsel only, except as provided in...
  • Section 977.1.
    The resolution of questions of fact or issues of law by trial or hearing which can be made without the assistance or participation of the...
  • Section 977.2.
    (a) Notwithstanding Section 977 or any other law, in any case in which the defendant is charged with a misdemeanor or a felony and is currently...
  • Section 978.
    When his personal appearance is necessary, if he is in custody, the Court may direct and the officer in whose custody he is must bring...
  • Section 978.5.
    (a) A bench warrant of arrest may be issued whenever a defendant fails to appear in court as required by law including, but not limited to,...
  • Section 979.
    If the defendant has been discharged on bail or has deposited money or other property instead thereof, and does not appear to be arraigned when...
  • Section 980.
    (a) At any time after the order for a bench warrant is made, whether the court is sitting or not, the clerk may issue a bench...
  • Section 981.
    The bench warrant must be substantially in the following form:County of ____. The People of the State of California to any Sheriff, Marshal, or Policeman...
  • Section 982.
    The defendant, when arrested under a warrant for an offense not bailable, must be held in custody by the Sheriff of the county in which...
  • Section 983.
    The bench warrant may be served in any county in the same manner as a warrant of arrest.(Amended by Stats. 1951, Ch. 1674.)
  • Section 984.
    If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto in...
  • Section 985.
    When the information or indictment is for a felony, and the defendant, before the filing thereof, has given bail for his appearance to answer the...
  • Section 986.
    If the defendant is present when the order is made, he must be forthwith committed. If he is not present, a bench warrant must be...
  • Section 987.
    (a) In a noncapital case, if the defendant appears for arraignment without counsel, he or she shall be informed by the court that it is his...
  • Section 987.05.
    In assigning defense counsel in felony cases, whether it is the public defender or private counsel, the court shall only assign counsel who represents, on...
  • Section 987.1.
    Counsel at the preliminary examination shall continue to represent a defendant who has been ordered to stand trial for a felony until the date set...
  • Section 987.2.
    (a) In any case in which a person, including a person who is a minor, desires but is unable to employ counsel, and in which counsel...
  • Section 987.3.
    Whenever in this code a court-appointed attorney is entitled to reasonable compensation and necessary expenses, the judge of the court shall consider the following factors,...
  • Section 987.4.
    When the public defender or an assigned counsel represents a person who is a minor in a criminal proceeding, at the expense of a county,...
  • Section 987.5.
    (a) Every defendant shall be assessed a registration fee not to exceed fifty dollars ($50) when represented by appointed counsel. Notwithstanding this subdivision, no fee shall...
  • Section 987.6.
    (a) From any state moneys made available to it for such purpose, the Department of Finance shall, pursuant to this section, pay to the counties an...
  • Section 987.8.
    (a) If the court finds that a defendant is entitled to counsel but is unable to employ counsel, the court may hold a hearing or, in...
  • Section 987.81.
    (a) If a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings...
  • Section 987.9.
    (a) In the trial of a capital case or a case under subdivision (a) of Section 190.05, the indigent defendant, through the defendant’s counsel, may request...
  • Section 988.
    The arraignment must be made by the court, or by the clerk or prosecuting attorney under its direction, and consists in reading the accusatory pleading...
  • Section 989.
    When the defendant is arraigned, he must be informed that if the name by which he is prosecuted is not his true name, he must...
  • Section 990.
    If on the arraignment, the defendant requires it, the defendant must be allowed a reasonable time to answer, which shall be not less than one...
  • Section 991.
    (a) If the defendant is in custody at the time he appears before the magistrate for arraignment and, if the public offense is a misdemeanor to...
  • Section 991.5.
    (a) On or before July 1, 2017, three counties shall be selected to participate in a three-year pilot project that would require a court, upon request...
  • Section 992.
    (a) (1) In any case in which the defendant is charged with a felony, the court shall require the defendant to provide a right thumbprint on a...
  • Section 993.
    (a) At the arraignment of a defendant who is charged with a felony and who is, or whom the court reasonably deems to be, the sole...

Last modified: October 22, 2018