San Luis Obispo County Municipal Code Ch. 1.08 Citations

Whenever any person is arrested for a violation of any provision or section of this code which is punishable as a misdemeanor or as an infraction, the arrested person shall, in the judgment of the arresting officer and in accordance with Section 1.08.015, either be given a five day notice to appear as herein provided or be immediately taken before an officer authorized by law to receive a deposit of bail.

(Ord. 2046 § 1, 1980: Ord. 1025 § 1, 1969: prior code § 3-019.15)

(a) Misdemeanors. In any case in which a person is arrested for an offense declared by this code to be a misdemeanor, the arresting officer, in determining whether to cite and release the arrestee, or to take that person before an officer authorized to receive bail, may take the arrestee into custody and not issue a citation if:

(1) The identity of the arrestee is not ascertainable;

(2) The arrestee requires medical examination or care that would not be provided if he were cited and released;

(3) There is reasonable cause to believe the violation would continue;

(4) There is a threat of danger to the public or law enforcement personnel; or

(5) The arrestee refuses to cooperate in the issuance of the citation to him, including a refusal to present identification or a refusal to sign the written notice to appear.

(b) Infractions. In any case in which a person is arrested for an offense which is declared by this code to be an infraction, the arresting officer shall only require the arrestee to present his driver's license or other satisfactory evidence of his identity for examination and to sign a written promise to appear. Only if the arrestee refuses to present such identification or refuses to sign such a written promise may the arrestee be taken into custody.

(Ord. 2046 § 2, 1980)

When in the judgment of the arresting officer the person arrested should be given a five days' notice to appear, 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 such person shall appear in court.

(Ord. 2046 § 3, 1930: prior code § 3-019.17 (part))

(a) Time of Appearance. The time specified in the notice to appear must be at least five days after the arrest.

(b) Place of Appearance. The place specified in the notice to appear shall be either:

(1) Before a magistrate within the county in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made; or

(2) Before an officer authorized by the county to receive a deposit of bail.

(c) Release of Arrested Person. 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 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.

(d) Amount of Bail to be Fixed. 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.

(e) Deposit of Bail—Forfeiture—Dismissal. 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 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.

(f) Warrant for Arrest—When Issued. 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. 2046 § 4, 1980: prior code § 3-019.17 (part))

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 851.1 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 upon which he promised to appear, then, within twenty days after the delivery of the written promise to appear by the officer to a magistrate having jurisdiction over the offense. When such person violates his promise to appear before an officer authorized to receive hail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and a complaint, if any, signed by the arresting officer.

(Prior code § 3-019.18)

Whenever any person is arrested for a misdemeanor and is immediately taken before a magistrate, the arresting officer shall file with the magistrate a complaint stating the offense for which such person is charged. A person so taken before a magistrate shall be entitled to at least five days continuance of his case in which to plead and to prepare for trial and such person shall not be required to plead or be tried within five days unless he waives such time in writing or in open court. The person so taken before a magistrate shall thereupon be released upon his own recognizance or upon such bail as the magistrate may fix.

(Prior code § 3-019.19)

Arrestees who are taken into custody, rather than cited, are entitled to release upon the posting of bail in the amount specified in the bail schedule. A booked arrestee who is not released on bail must be arraigned without unnecessary delay and in any event within forty-eight hours of arrest, not including Sundays or holidays.

At the time set for arraignment, the court may reset the bail for those arrestees still in custody or release them on their own recognizance.

(Ord. 2046 § 5, 1980)

A written promise to appear in court may be complied with by an appearance of counsel.

(Prior code § 3-019.20)

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

(Ord. 2046 § 6, 1980: prior code § 3-019.21)

Whenever a written notice to appear has been prepared, delivered, and filed with the court as provided in Sections 1.08.020 and 1.08.030, an exact and legible duplicate of the notice when filed with the magistrate specified herein, in lieu of the verified complaint, shall notwithstanding the provisions of Section 1426 of the Penal Code, 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 Section 1426 of the Penal Code, and which shall be deemed to be an original complaint, and thereafter proceedings shall be as provided by law provided 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 the written notice mentioned in Sections 1.08.020 and 1.08.030.

(Prior code § 3-019.22)