Lompoc Municipal Code Ch. 1.28 Arrest and Citation Procedure

When any person is arrested for a violation of this Code or any other ordinance of the City which is punishable as a misdemeanor or as an infraction and such person is not immediately taken before a magistrate, 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.

(Prior code § 0111)

The time specified in the notice to appear, referred to in Section 1.28.010, shall be at least ten days after such arrest.

(Prior code § 0112)

The place specified in the notice to appear, referred to in Section 1.28.010, shall be before the justice's court of the Lompoc Judicial District.

(Prior code § 0113)

The officer shall deliver one copy of the notice to appear, referred to in Section 1.28.010, to the arrested person and the arrested person, in order to secure release, shall give his or her written promise so to appear in court by signing the copies of the notice which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody.

(Prior code § 0114)

A. The officer shall, as soon as practicable, file one copy of the notice, referred to in Section 1.28.010, with the court.

B. Thereupon, the judge shall fix the amount of bail which, in his or her judgment, in accordance with the provisions of Section 1275 of the Penal Code of the State, 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 Section 815 of the Penal Code.

C. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the judge the amount of bail thus set.

D. Thereafter, at the time when the case is called for arraignment before the judge, if the defendant shall not appear either in person or by counsel, the judge may declare the bail forfeited and may, in his or her discretion, order that no further proceedings shall be had in such case.

E. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code.

(Prior code § 0115)

No warrant shall issue on any charge for the arrest of a person who has given a 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.

(Prior code § 0116)

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 1.28.050, the judge shall issue and have delivered for execution a warrant for his or her arrest within 20 days after his or her failure to appear as promised or if such person promises to appear before an officer authorized to accept bail other than the judge and fails to do so on or before the date he or she promised to appear, then within 20 days after the delivery of such written promise to appear by the officer to the judge.

(Prior code § 0117)

Any 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.

(Prior code § 0118)

When any person violates his or her promise to appear before an officer authorized to receive bail, other than the judge, the officer shall immediately deliver to the judge having jurisdiction over the offense charged, the written promise to appear and the complaint, if any, filed by the arresting officer.

(Prior code § 0119)