Chapter 1.16 — ARREST PROCEDURE

For statutory provisions that a person cited for misdemeanor who does not go before a magistrate immediately be given written notice to appear, see Penal Code § 853.6.

If any person is arrested for any misdemeanor prescribed by county ordinance or pursuant to Section 853.6 of the Penal Code of the state, 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.

(Ord. 271 § l(part), 1963)

The notice to appear shall be in substantially the same form as the following:

No._______

"County of Madera State of California

Notice To Appear

Name _____

Address _____

You are hereby notified to appear in the Justice Court of the _______ Judicial District, County of Madera, State of California, at _______, on the _______ day of ____, 20, at _______o'clock ___.M. to answer a charge of violation of the following committed on the _______ day of ____, 20.

Violation of Madera County Ordinance No.___; Section___of the _______ Code of California.

(Blank)Description of offense:

I promise to appear at the time and place indicated above.

---

Signature

Signing this form is a promise to appear as notified and not an admission of guilt.

Officer's Data: Sex___________ Ht.___________ Wt.___________

Eyes___________ Hair___________ Age___________

Driver's License No.___________ Type___________

Vehicle License No.___________ Make___________

Boat License No.___________ Type___________

Citation Issued By: _____

Signature ID. No."

(Ord. 271 § l(part), 1963).

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

(Ord. 271 § 2, 1963).

The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail.

(Ord, 271 § 3, 1963).

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 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.

(Ord. 271 § 4, 1963).

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 judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by him in the form set forth in Section 815 (a) of the Penal Code. The defendant may, prior to the date upon which he 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 discretion order that no further proceedings shall be had in such case.

Upon the makings 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.

(Ord. 271 § 5, 1963).

Whenever written notice to appear has been prepared, delivered, and filed with the court, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead "guilty."

If, however, the defendant violates his promise to appear in court or does not deposit lawful bail, or pleads other than "guilty" of the offense charged, a complaint shall be filed which shall conform to the provisions of Chapter 2, commencing at Section 948, of Title 5, Part 2 of the Penal Code, and which shall be deemed to be an original complaint, and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear.

(Ord. 271 § 6, 1963).

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

(Ord. 271 § 7, 1963).

Any person wilfully violating 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.

(Ord. 271 § 8, 1963).

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 853.1, of the Penal Code the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised; or if such 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 promised to appear, then, within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, the magistrate shall issue a warrant.

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 complaint, if any, filed by the arresting officer.

(Ord. 271 § 9, 1963).