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Local Rules of Superior Court of California, County of Imperial

Counsel for all misdemeanor and (3) Upon a showing of Good
infraction offenses is adopted Cause the Court may reissue
annually and is posted on the Court’s the warrant of arrest.
website.
[Rule 4.11 adopted July 2008, Rule 4.11 is renumbered to
rule 4.1.10 01/01/12, subd (a) amended 01/01/15, subd

[Adopted July 1, 2007, amended 07/01/08, subd (b) (b)(d) repealed 01/01/15, subd (c) renumbered to subd (b) amended 01/01/10; Rule 4.8 renumbered to 4.1.8 01/01/12] and amended 01/01/15, 01/01/16, 01/01/26]

Rule 4.1.9 Official Electronic Recordings Rule 4.1.10.01 Pre Trial Services, O.R. in Misdemeanor Criminal Cases Release

(a) Unless the trial court orders Upon the arrest of a defendant on any otherwise, the recording of Misdemeanor Arrest Warrant, Warrant of misdemeanor trials shall be created Arrest (as defined in Penal Code sections by electronic recording of the 813-829) or Bench Warrant (as defined in proceedings. Penal Code sections 978.5-983), it shall lie within the discretion of the Imperial County (b) A party wishing to have a Sheriff to release the defendant on his/her misdemeanor matter recorded other Own Recognizance or any other conditional than a trial shall request recording, in release consistent with the provisions of writing, at least two (2) court days in Penal Code Section 853.6. advance. (a) Unless the warrant specifies that OR[Rule 4.9 was adopted July 1, 2007, amended 01/01/08; title, subd (b) amended, subd (c) repealed 01/01/10; Rule 4.9 is not authorized, persons arrested on renumbered to 4.1.9 01/01/12] misdemeanors must be released unless they fit into specified Rule 4.1.10 Misdemeanor Warrant disqualifying categories, set out in PC Procedure section 853.6 (basically, for the person’s own safety, when there are (a) Warrants for the arrest of defendants outstanding arrest warrants, in misdemeanor cases will expire defendant cannot provide ID, or three (3) years from the date issued. release would compromise public Expired warrants shall be considered safety). invalid and unenforceable. (b) There is no distinction made in PC (b) Upon expiration of the warrant, the section 853.6 between persons warrant shall be deemed recalled and arrested on Bench Warrants as the court will calendar the matter for opposed to Arrest Warrants. hearing, and issue notice to the prosecuting agency: (c) Persons who are on Probation or Parole may not be released on OR (1) that the arrest warrant has without a court hearing, per PC expired, and that; 1319.5.

(2) The prosecuting agency is [Adopted January 1, 2016]
Ordered to Appear and to
Show Cause why the
underlying criminal action
should not be dismissed or
probation terminated.

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