Rohnert Park Municipal Code Ch. 1.20 Arrest Procedure

A. If any person is arrested for a violation of any ordinance of the city and such person is not immediately taken before a magistrate pursuant to Part 2 of Title 3 of the Penal Code of California, 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.

B. The time specified in the notice shall be at least five but not more than fifteen days after such arrest.

C. 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.

D. 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.

E. The officer shall as soon as practical 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 provision of Section 1275 of the Penal Code of California, will be reasonable and sufficient for the appearance of the defendant, and he shall endorse upon the notice a statement signed by him in the form set forth in Section 815A of the Penal Code of California. 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 shall 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 to be distributed as provided in Section 1463 of the Penal Code of the state of California.

(Ord. 20 §§ l—5, 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. 20 § 6, 1963)

A. When a person signs a written promise to appear at the time and place specified in such written promise and has not posted bail as provided in Section 1.20.010 E, 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 had 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.

B. 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.

C. It is provided that any person willfully 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, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a term not exceeding six months or by both such fine and imprisonment.

(Ord. 20 § 7, 1963)