Chapter 1.08 — ARREST AND CITATION PROCEDURE

Any person who is arrested in the unincorporated territory of Alameda County for any violation of the provisions of this code and who is not immediately taken before a magistrate shall be cited by the arresting officer in the manner set forth in this chapter.

(Prior gen. code § 1-9.0

The arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of the arrested person, the offense charged, and the time and place where and when such person shall appear in court. The time specified in the notice to appear must be at least ten days after the arrest.

(Prior gen. code § 1-9.1)

The place specified in the notice to appear shall be either:

A.

Before a judge of a justice court or a municipal court judge within the county in which the offense charged is alleged to have been committed, and who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made; or

B.

Upon demand of the person arrested, before a judge of a justice court or a municipal court judge having jurisdiction of such offense at Oakland, California; or before a judge in the judicial district in which the offense is alleged to have been committed;

C.

Before the clerk of any municipal court or justice court in the county who are hereby authorized by this section to receive a deposit of bail.

(Prior gen. code § 1-9.2)

The arresting officer shall deliver one copy of the notice to appear to the arrested person and the arrested person in order to secure release must give his written notice so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

(Prior gen. code § 1-9.3)

The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which in his judgment, in accordance with the provisions of Section 1275 of the Penal Code, shall be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him, with the name of his office, dated at the place where it is made to the following effect, "The defendant is to be admitted to bail in the sum of Dollars" (stating the amount). The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and no further proceedings be had in such case. Upon the making of such an order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury.

(Prior gen. code § 1-9.4)

No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law.

(Prior gen. code § 1-9.5)

Any person willfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested.

(Prior gen. code § 1-9.6)

When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 1.08.050 of this chapter, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty (20) days after his failure to appear as promised, or if such person promises to appear before the clerk of the court who is authorized to accept bail and fails to do so on or before the date which he promised to appear, then, within twenty (20) days after the delivery of such written promise to appear by the clerk to the magistrate having jurisdiction over the offense. When such person violates his promise to appear before the clerk of the court who is

authorized to receive bail, the clerk shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.

(Prior gen. code § 1-9.7)

The provisions of this chapter shall apply to any section or sections of this code, violations of which are punishable as misdemeanors.

(Prior gen. code § 1-9.8)