California Penal Code CHAPTER 4 - Plea

• Section 1016.
  There are six kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction:1. Guilty.2. Not guilty.3. Nolo contendere, subject to...
• Section 1016.2.
  The Legislature finds and declares all of the following:(a) In Padilla v. Kentucky, 559 U.S. 356 (2010), the United States Supreme Court held that the Sixth...
• Section 1016.3.
  (a) Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with...
• Section 1016.5.
  (a) Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except offenses designated as...
• Section 1017.
  Every plea must be made in open court and, may be oral or in writing, shall be entered upon the minutes of the court, and...
• Section 1018.
  Unless otherwise provided by law, every plea shall be entered or withdrawn by the defendant himself or herself in open court. No plea of guilty...
• Section 1019.
  The plea of not guilty puts in issue every material allegation of the accusatory pleading, except those allegations regarding previous convictions of the defendant to...
• Section 1020.
  All matters of fact tending to establish a defense other than one specified in the fourth, fifth, and sixth subdivisions of Section 1016, may be...
• Section 1021.
  If the defendant was formerly acquitted on the ground of variance between the accusatory pleading and the proof or the accusatory pleading was dismissed upon...
• Section 1022.
  Whenever the defendant is acquitted on the merits, he is acquitted of the same offense, notwithstanding any defect in form or substance in the accusatory...
• Section 1023.
  When the defendant is convicted or acquitted or has been once placed in jeopardy upon an accusatory pleading, the conviction, acquittal, or jeopardy is a...
• Section 1024.
  If the defendant refuses to answer the accusatory pleading, by demurrer or plea, a plea of not guilty must be entered.(Amended by Stats. 1951, Ch.
• Section 1025.
  (a) When a defendant who is charged in the accusatory pleading with having suffered a prior conviction pleads either guilty or not guilty of the offense...
• Section 1026.
  (a) If a defendant pleads not guilty by reason of insanity, and also joins with it another plea or pleas, the defendant shall first be tried...
• Section 1026.1.
  A person committed to a state hospital or other treatment facility under the provisions of Section 1026 shall be released from the state hospital or...
• Section 1026.2.
  (a) An application for the release of a person who has been committed to a state hospital or other treatment facility, as provided in Section 1026,...
• Section 1026.3.
  A person committed to a state hospital or other treatment facility under Section 1026, and a person placed pursuant to subdivision (e) of Section 1026.2...
• Section 1026.4.
  (a) Every person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1026, who escapes from...
• Section 1026.5.
  (a) (1) In the case of any person committed to a state hospital or other treatment facility pursuant to Section 1026 or placed on outpatient status pursuant...
• Section 1026.6.
  Whenever any person who has been committed to a state hospital pursuant to Section 1026 is released for any reason, including placement on outpatient status,...
• Section 1027.
  (a) When a defendant pleads not guilty by reason of insanity the court shall select and appoint two, and may select and appoint three, psychiatrists, or...

Last modified: October 22, 2018