California Penal Code CHAPTER 7 - Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer

• Section 858.
  (a) When the defendant first appears for arraignment on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of the...
• Section 858.5.
  (a) In any case in which a defendant is, on his demand, brought before a magistrate pursuant to Section 822 after arrest for a misdemeanor Vehicle...
• Section 858.7.
  (a) In any case in which the defendant has been convicted of a misdemeanor and is serving a sentence as a result of such conviction and...
• Section 859.
  When the defendant is charged with the commission of a felony by a written complaint subscribed under oath and on file in a court within...
• Section 859.1.
  (a) In any criminal proceeding in which the defendant is charged with any offense specified in Section 868.8 on a minor under the age of 16...
• Section 859.5.
  (a) Except as otherwise provided in this section, a custodial interrogation of any person, including an adult or a minor, who is in a fixed place...
• Section 859a.
  (a) If the public offense charged is a felony not punishable with death, the magistrate shall immediately upon the appearance of counsel for the defendant read...
• Section 859b.
  At the time the defendant appears before the magistrate for arraignment, if the public offense is a felony to which the defendant has not pleaded...
• Section 859c.
  Procedures under this code that provide for superior court review of a challenged ruling or order made by a superior court judge or a magistrate...
• Section 860.
  At the time set for the examination of the case, if the public offense is a felony punishable with death, or is a felony to...
• Section 861.
  (a) The preliminary examination shall be completed at one session or the complaint shall be dismissed, unless the magistrate, for good cause shown by affidavit, postpones...
• Section 861.5.
  Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental,...
• Section 862.
  If a postponement is had, the magistrate must commit the defendant for examination, admit him to bail or discharge him from custody upon the deposit...
• Section 863.
  The commitment for examination is made by an indorsement, signed by the magistrate on the warrant of arrest, to the following effect: “The within named...
• Section 864.
  At the examination, the magistrate must first read to the defendant the depositions of the witnesses examined on taking the information.(Amended by Stats. 1963, Ch.
• Section 865.
  The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf.(Enacted 1872.)
• Section 866.
  (a) When the examination of witnesses on the part of the people is closed, any witness the defendant may produce shall be sworn and examined.Upon the...
• Section 866.5.
  The defendant may not be examined at the examination, unless he is represented by counsel, or unless he waives his right to counsel after being...
• Section 867.
  While a witness is under examination, the magistrate shall, upon motion of either party, exclude all potential and actual witness who have not been examined.The...
• Section 868.
  The examination shall be open and public. However, upon the request of the defendant and a finding by the magistrate that exclusion of the public...
• Section 868.4.
  (a) If requested by either party in a criminal or juvenile hearing, and if a therapy or facility dog is available to the party within the...
• Section 868.5.
  (a) Notwithstanding any other law, a prosecuting witness in a case involving a violation or attempted violation of Section 187, 203, 205, or 207, subdivision (b)...
• Section 868.6.
  (a) It is the purpose of this section to provide a nonthreatening environment for minors involved in the judicial system in order to better enable them...
• Section 868.7.
  (a) Notwithstanding any other provision of law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Section 868 during...
• Section 868.8.
  Notwithstanding any other provision of law, in any criminal proceeding in which the defendant is charged with a violation or attempted violation of subdivision (b)...
• Section 869.
  The testimony of each witness in cases of homicide shall be reduced to writing, as a deposition, by the magistrate, or under his or her...
• Section 870.
  The magistrate or his or her clerk shall keep the depositions taken on the information or the examination, until they are returned to the proper...
• Section 871.
  If, after hearing the proofs, it appears either that no public offense has been committed or that there is not sufficient cause to believe the...
• Section 871.5.
  (a) When an action is dismissed by a magistrate pursuant to Section 859b, 861, 871, 1008, 1381, 1381.5, 1385, 1387, or 1389 of this code or...
• Section 871.6.
  If in a felony case the magistrate sets the preliminary examination beyond the time specified in Section 859b, in violation of Section 859b, or continues...
• Section 872.
  (a) If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe that the defendant is...
• Section 872.5.
  Notwithstanding Article 1 (commencing with Section 1520) of Chapter 2 of Division 11 of the Evidence Code, in a preliminary examination the content of a...
• Section 873.
  If the offense is not bailable, the following words must be added to the indorsement: “And he is hereby committed to the Sheriff of the...
• Section 875.
  If the offense is bailable, and the defendant is admitted to bail, the following words must be added to the order, “and that he be...
• Section 876.
  If the magistrate order the defendant to be committed, he must make out a commitment, signed by him, with his name of office, and deliver...
• Section 877.
  The commitment must be to the following effect except when it is made under the provisions of section 859a of this code.County of ____ (as...
• Section 877a.
  When the commitment is made under the provisions of section 859a of this code, it must be made to the following effect:County of ____ (as...
• Section 878.
  On holding the defendant to answer or on a plea of guilty where permitted by law, the magistrate may take from each of the material...
• Section 879.
  When the magistrate or a Judge of the Court in which the action is pending is satisfied, by proof on oath, that there is reason...
• Section 880.
  Infants who are material witnesses against the defendant may be required to procure sureties for their appearance, as provided in the last section.(Amended by Stats....
• Section 881.
  (a) If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for that...
• Section 882.
  When, however, it satisfactorily appears by examination, on oath of the witness, or any other person, that the witness is unable to procure sureties, he...
• Section 883.
  When a magistrate has discharged a defendant, or has held him to answer, he must return, without delay, to the Clerk of the Court at...

Last modified: October 22, 2018