El Dorado County Municipal Code Ch. 1.16 Citation of Violations

Whenever a person is arrested for the violation of any County ordinance which is punishable as a misdemeanor, and the person is not immediately taken before a magistrate as provided in the Penal Code, the arresting officer shall prepare in duplicate a written notice to appear in court containing the name and address of the person, the offense charged, and the time and place where and when the person shall appear in court.

(Prior Code, § 7101; Code 1997, § 1.16.010)

The time specified in the notice to appear must be at least ten days after the arrest.

(Prior Code, § 7102; Code 1997, § 1.16.020)

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

A. Before the judge of the superior court in the County who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made;

B. Upon demand of the person arrested, before the judge of the justice court for the Placerville Judicial District; or before the judge of the justice court of the judicial district in which the offense is alleged to have been committed; or

C. Before an officer authorized to receive a deposit of bail. The Clerk and deputy clerks of the justice courts are persons authorized to receive bail in accordance with a schedule of bail approved by the judges of the justice courts.

(Prior Code, § 7103; Code 1997, § 1.16.030)

The 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 or her written promise 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 Code, § 7104; Code 1997, § 1.16.040)

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 or her judgment, in accordance with the provisions of Penal Code § 1275, will be reasonable and sufficient for the appearance of the defendant, and shall endorse upon the notice a statement signed by him or her in the form set forth in Penal Code § 815a. 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 thus set. 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 in his or her discretion order that no further proceedings shall be had in the case. Upon the making of the order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the County Treasury.

(Prior Code, § 7105; Code 1997, § 1.16.050)

No warrant shall issue on the charge for the arrest of a person who has given the written promise to appear in court unless and until he or she has violated the 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 Code, § 7106; Code 1997, § 1.16.060)

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 1.16.050, the magistrate shall issue and have delivered for execution a warrant for his or her arrest, the warrant to be issued and delivered for execution within 20 days after his or her failure to appear as promised, or if the 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 the warrant to be issued and delivered for execution within 20 days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense. When the 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.

(Prior Code, § 7107; Code 1997, § 1.16.070)

State Law reference— Similar provision, Penal Code § 853.8.

Any person who willfully violates his or her written promise to appear in court made pursuant to this chapter is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested and, upon conviction thereof, shall be punished by imprisonment in the County jail for a term not to exceed six months, or by a fine not to exceed $500.00, or by both such fine and imprisonment.

(Prior Code, § 7108; Code 1997, § 1.16.080)

State Law reference— Similar provision, Penal Code § 853.7.