Brea Municipal Code Ch. 1.08 Notices to Appear

If any person is arrested for the violation of any provision of this code, or of any code adopted herein by reference, or of any ordinance of the city, and such person is not immediately taken before a magistrate, as is more fully set forth in the Penal Code of the state, the arresting officer shall prepare, in duplicate, a written notice to appear in court, containing the name and address of such 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 shall be not less than five (5) days after such arrest.

The place to appear shall be either:

A. Before a judge of the municipal court in the judicial district in which the offense is alleged to have been committed; or

B. Before an officer authorized to receive a deposit of bail.

The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure a release, must give his or her written promise 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.

The officer shall, as soon as practicable, file a duplicate notice with the magistrate specified in the notice. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may, at his or her discretion, order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, sums deposited as bail shall forthwith be paid into the county treasury for distribution as provided by the Penal Code of the state.

A warrant shall not be issued on such charge for the arrest of a person who, pursuant to the provisions of this chapter, has given such written promise to appear in court unless and until he or she 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.

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

A. 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 § 1.08.050, the magistrate shall issue and have delivered for execution a warrant for his or her arrest within twenty (20) days after his or her failure to appear as promised.

B. If a person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he or she promised to appear, then within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his or her arrest.

C. When such person violates his or her promise to appear before an officer authorized to receive bail other than a magistrate, the officer 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.

Every person violating any of the provisions as set forth in §§ 1.08.010 to 1.08.070, inclusive, is guilty of a misdemeanor.

The provisions of §§ 1.08.010 to 1.08.070, inclusive, have been enacted pursuant to the provisions of Cal. Penal Code §§ 853.1, 853.2, 853.3, and 853.4.