Hillsborough Municipal Code Ch. 1.12 Arrest Procedure

A. In any case in which a person is arrested for an offense declared to be a misdemeanor and does not demand to be taken before a magistrate, that person shall be released according to the procedures set forth in this section. If the person is released, 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, the time when and the place where the person shall appear in court.

B. The time specified in the notice to appear shall be not less than ten days after such arrest.

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

1. Before a judge of the municipal court within San Mateo County who has jurisdiction of the offense and who is nearest and most accessible with reference to where the arrest is made; or

2. Upon demand of the person arrested, before a judge of the municipal court in the judicial district in which the offense is alleged to have been committed; or

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

D. 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, shall give his 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.

E. The officer shall, as soon as practicable, file a duplicate with the magistrate specified in such notice. The arrested person may, prior to the date upon which he 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 discretion order that no further proceedings shall be made in such case.

F. A warrant shall not issue on such charge for the arrest of a person pursuant to the provisions of this code when said person has given 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.

G. When a person signs a written promise to appear at the time and place specified in the citation and has not posted bail as provided in subsection E of this section, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised. 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 promised, then within twenty days after the delivery by the officer of such written promise to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for said person's arrest. When such person violates his 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 complainant, if any, filed by the arresting officer.

H. Every person violating the provisions of this chapter of failing to comply with 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, and violation of any portion, section or subsection of this code shall be punishable as provided in this chapter.

(Ord. 564 §§ 1, 2, 1998; prior code § 10.2.20)