Plumas County Municipal Code Ch. 5 Citations

If any person is arrested for the violation of any provision of this Code or any other law of the County, and such person is not immediately taken before a magistrate, as 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 when and where such person shall appear in court.

(§ 6.1, P.C.O.C., added by Ord. 410)

The time specified in the notice to appear provided for in Section 1-5.01 of this chapter shall be at least five (5) days after such arrest.

(§ 6.1, P.C.O.C., added by Ord. 410)

The place specified in the notice to appear provided for in Section 1-5.01 of this chapter shall be either:

(a) Before a judge of a justice court within the County in which the offense charged is alleged to have been committed, and 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 the demand of the person arrested, before a judge of a justice court having jurisdiction of such offense at the County seat of the County in which such offense is alleged to have been committed or before a judge in the judicial district in which the offense is alleged to have been committed; or

(c) Before an officer authorized by the County to receive a deposit of bail.

(§ 6.1, P.C.O.C., added by Ord. 410)

The arresting officer shall deliver one copy of the notice to appear provided for in Section 1-5.01 of this chapter to the arrested person, and the arrested person, in order to secure his release from custody, shall give his written promise so to appear in court by signing the duplicate copy of the notice, which shall be retained by the arresting officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.

(§ 6.1, P.C.O.C., added by Ord. 410)

The arresting officer shall, as soon as practicable, file the duplicate notice with the magistrate specified in the notice to appear provided for in Section 1-5.01 of this chapter. Thereupon the magistrate shall fix the amount of bail which in his judgment, in accordance with the applicable provisions of the Penal Code of the State, will be reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice to appear a statement signed by him in the form set forth in the applicable section of the Penal Code of the State. 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 shall 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 be had in such case. 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 the applicable provisions of the Penal Code of the State.

(§ 6.1, P.C.O.C., added by Ord. 410)

No warrant shall be issued on the charge for which the notice to appear was issued 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.

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 set forth in Section 853.6 of the Penal Code of the State, the magistrate shall issue and have delivered for execution a warrant for the arrest of such person within twenty (20) 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 such person fails to do so on or before the date on which he promised to appear, then within twenty (20) days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

(§§ 6.1 and 6.3, P.C.O.C., added by Ord. 410)

If any 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.

Any person wilfully violating his written promise to appear in court shall be guilty of a misdemeanor, regardless of the disposition of the charge upon which he was originally arrested.

(§§ 6.2 and 6.3, P.C.O.C., added by Ord. 410)