Pleadings and Proceedings Before TrialOf the Arraignment of the Defendant

Section § 976

Explanation

This law explains what happens when someone is formally charged with a crime, known as arraignment. If the person is in jail, they may be arraigned in the court closest to the jail, if approved by judges. If the person is arrested in a different county than where the charge is filed, they can go before a local judge there for bail. Also, before being moved to the court for arraignment, the defendant can make three free phone calls.

(a)CA Penal Law Code § 976(a) When the accusatory pleading is filed, the defendant shall be arraigned thereon before the court in which it is filed, unless the action is transferred to some other court for trial. However, within any county, if the defendant is in custody, upon the approval of both the presiding judge of the court in which the accusatory pleading is filed and the presiding judge of the court nearest to the place in which he or she is held in custody the arraignment may be before the court nearest to that place of custody.
(b)CA Penal Law Code § 976(b) A defendant arrested in another county shall have the right to be taken before a magistrate in the arresting county for the purpose of being admitted to bail, as provided in Section 821 or 822. The defendant shall be informed of this right.
(c)CA Penal Law Code § 976(c) Prior to being taken from the place where he or she is in custody to the place where he or she is to be arraigned, the defendent shall be allowed to make three completed telephone calls, at no expense to the defendant, in addition to any other telephone calls which the defendant is entitled to make pursuant to law.
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Section § 977

Explanation

This law outlines when accused persons can attend court remotely in California criminal cases. If someone is charged with a misdemeanor, they can often appear through their lawyer or remotely, except for specific situations like domestic violence or DUI charges. In felony cases, the accused must generally be physically present for key proceedings but can attend others remotely if they waive their rights. For both misdemeanors and felonies, the law details situations where remote proceedings aren't allowed, such as during trials or certain sentencing. The court must ensure technology works well for remote proceedings, and any waivers of physical presence must be clearly recorded. This law will be in effect until January 1, 2027.

(a)Copy CA Penal Law Code § 977(a)
(1)Copy CA Penal Law Code § 977(a)(1) In all cases in which the accused is charged with a misdemeanor only, they may appear by counsel only, except as provided in paragraphs (2) and (3). If the accused agrees, the initial court appearance, arraignment, plea, and all other proceedings, except jury and court trials, may be conducted remotely through the use of technology, as provided by subdivision (c).
(2)CA Penal Law Code § 977(a)(2) If the accused is charged with a misdemeanor offense involving domestic violence, as defined in Section 6211 of the Family Code, or a misdemeanor violation of Section 273.6, the accused shall be present for arraignment and sentencing, and at any time during the proceedings when ordered by the court for the purpose of being informed of the conditions of a protective order issued pursuant to Section 136.2.
(3)CA Penal Law Code § 977(a)(3) If the accused is charged with a misdemeanor offense involving driving under the influence, in an appropriate case, the court may order a defendant to be present for arraignment, at the time of plea, or at sentencing. For purposes of this paragraph, a misdemeanor offense involving driving under the influence shall include a misdemeanor violation of any of the following:
(A)CA Penal Law Code § 977(a)(3)(A) Subdivision (b) of Section 191.5.
(B)CA Penal Law Code § 977(a)(3)(B) Section 23103 as specified in Section 23103.5 of the Vehicle Code.
(C)CA Penal Law Code § 977(a)(3)(C) Section 23152 of the Vehicle Code.
(D)CA Penal Law Code § 977(a)(3)(D) Section 23153 of the Vehicle Code.
(b)Copy CA Penal Law Code § 977(b)
(1)Copy CA Penal Law Code § 977(b)(1) Except as provided in subdivision (c), in all cases in which a felony is charged, the accused shall be physically present at the arraignment, at the time of plea, during the preliminary hearing, during those portions of the trial when evidence is taken before the trier of fact, and at the time of the imposition of sentence. The accused shall be physically or remotely present at all other proceedings unless they waive their right to be physically or remotely present, with leave of court and with approval by defendant’s counsel.
(2)CA Penal Law Code § 977(b)(2) The waiver of a defendant’s right to be physically or remotely present may be in writing and filed with the court or, with the court’s consent, may be entered personally by the defendant or by the defendant’s counsel of record.
(A)CA Penal Law Code § 977(b)(2)(A) A defendant’s personal waiver of the right to be physically or remotely present shall be on the record and state that the defendant has been advised of the right to be physically or remotely present for the hearing at issue and agrees that notice to the attorney that the defendant’s physical or remote presence in court at a future date and time is required is notice to the defendant of that requirement.
(B)CA Penal Law Code § 977(b)(2)(B) A waiver of the defendant’s physical or remote presence may be entered by counsel, after counsel has stated on the record that the defendant has been advised of the right to be physically or remotely present for the hearing at issue, has waived that right, and agrees that notice to the attorney that the defendant’s physical or remote presence in court at a future date and time is required is notice to the defendant of that requirement.
(3)CA Penal Law Code § 977(b)(3) The court may specifically direct the defendant, either personally or through counsel, to be physically or remotely present at any particular proceeding or portion thereof, including upon request of a victim, to the extent required by Section 28 of Article I of the California Constitution.
(4)CA Penal Law Code § 977(b)(4) A written waiver of the defendant’s physical or remote presence shall be substantially in the following form:
“The undersigned defendant, having been advised of their right to be present at all stages of the proceedings, including, but not limited to, presentation of and arguments on questions of fact and law, and to be confronted by and cross-examine all witnesses, hereby knowingly, intelligently, and voluntarily waives the right to be physically or remotely present at the hearing of any motion or other proceeding in this cause. The undersigned defendant hereby requests the court to proceed during every absence of the defendant that the court may permit pursuant to this waiver, and hereby agrees that their interest is represented at all times by the presence of their attorney the same as if the defendant were physically or remotely present in court, and further agrees that notice to their attorney that their physical or remote presence in court on a particular day at a particular time is required is notice to the defendant of the requirement of their physical or remote appearance at that time and place.”
(c)Copy CA Penal Law Code § 977(c)
(1)Copy CA Penal Law Code § 977(c)(1) (A) Upon waiver of the right to be physically present by the defendant, criminal proceedings may be conducted through the use of remote technology, except as provided in subparagraphs (D) and (E). The defendant may withdraw the waiver at any time.
(B)CA Penal Law Code § 977(c)(1)(B) The court may specifically direct the defendant, either personally or through counsel, to be physically present at any particular felony proceeding or portion thereof, including as provided in subdivision (f).
(C)CA Penal Law Code § 977(c)(1)(C) If the defendant is represented by counsel, the attorney shall not be required to be physically present with the defendant if remote technology allows for private communication between the defendant and the attorney prior to and during the proceeding, unless, upon request of defense counsel, the court allows the appearance without private communication. Any private communication shall be confidential and privileged pursuant to Section 952 of the Evidence Code.
(D)CA Penal Law Code § 977(c)(1)(D) A defendant charged with a felony or misdemeanor shall not appear remotely for a jury trial or court trial, except as provided in subparagraph (A) of paragraph (2).
(E)CA Penal Law Code § 977(c)(1)(E) A defendant charged with a felony shall not appear remotely at sentencing, except for postconviction relief proceedings and as otherwise provided by law.
(F)CA Penal Law Code § 977(c)(1)(F) A witness may appear at any misdemeanor or felony criminal proceeding, except for felony trial, remotely pursuant to Section 977.3.
(2)Copy CA Penal Law Code § 977(c)(2)
(A)Copy CA Penal Law Code § 977(c)(2)(A) A felony defendant who does not wish to be physically or remotely present for noncritical portions of the trial when no testimonial evidence is taken may make an oral waiver in open court prior to the proceeding, or may submit a written request to the court, which the court may grant in its discretion.
(B)CA Penal Law Code § 977(c)(2)(A)(B) This paragraph does not expand or limit the right of a defendant to be personally present with their counsel at a particular proceeding as required by Section 15 of Article 1 of the California Constitution.
(d)Copy CA Penal Law Code § 977(d)
(1)Copy CA Penal Law Code § 977(d)(1) Notwithstanding any other provision in this section, the court may allow a defendant to appear by counsel on that day, at a trial, hearing, or other proceeding, with or without a written waiver, if the court finds, by clear and convincing evidence, all of the following to be true:
(A)CA Penal Law Code § 977(d)(1)(A) The defendant is in custody and is refusing, without good cause, to appear in court on that day for that trial, hearing, or other proceeding.
(B)CA Penal Law Code § 977(d)(1)(B) The defendant has been informed of their right and obligation to be personally present in court.
(C)CA Penal Law Code § 977(d)(1)(C) The defendant has been informed that the trial, hearing, or other proceeding will proceed without the defendant being present.
(D)CA Penal Law Code § 977(d)(1)(D) The defendant has been informed that they have the right to remain silent during the trial, hearing, or other proceeding.
(E)CA Penal Law Code § 977(d)(1)(E) The defendant has been informed that their absence without good cause will constitute a voluntary waiver of any constitutional or statutory right to confront any witnesses against them or to testify on their own behalf.
(F)CA Penal Law Code § 977(d)(1)(F) The defendant has been informed whether or not defense counsel will be present.
(2)CA Penal Law Code § 977(d)(2) The court shall state on the record the reasons for the court’s findings and shall cause those findings and reasons to be entered into the minutes.
(3)CA Penal Law Code § 977(d)(3) If the trial, hearing, or other proceeding lasts for more than one day, the court is required to make the findings required by this subdivision anew for each day that the defendant is absent.
(4)CA Penal Law Code § 977(d)(4) This subdivision does not apply to any trial, hearing, or other proceeding in which the defendant was personally present in court at the commencement of the trial, hearing, or other proceeding.
(e)CA Penal Law Code § 977(e) A court may, as appropriate and practicable, allow a prosecuting attorney or defense counsel to participate in a criminal proceeding through the use of remote technology without being physically present in the courtroom and in accordance with subdivision (f).
(f)CA Penal Law Code § 977(f) Except as otherwise provided by law, the court shall require a prosecuting attorney, defense counsel, defendant, or witness to appear in person at a proceeding, if any of the following conditions are present and cannot be resolved in a reasonable amount of time:
(1)CA Penal Law Code § 977(f)(1) The court does not have the technology necessary to conduct the proceeding remotely.
(2)CA Penal Law Code § 977(f)(2) Although the court has the requisite technology, the quality of the technology or audibility at a proceeding prevents the effective management or resolution of the proceeding.
(3)CA Penal Law Code § 977(f)(3) The quality of the technology or audibility at a proceeding inhibits the court reporter’s ability to accurately prepare and certify a transcript of the proceeding.
(4)CA Penal Law Code § 977(f)(4) The quality of the technology or audibility at a proceeding prevents defense counsel from being able to provide effective representation to the defendant.
(5)CA Penal Law Code § 977(f)(5) The quality of the technology or audibility at a proceeding inhibits a court interpreter’s ability to provide language access, including the ability to communicate and translate directly with the defendant and the court during the proceeding.
(g)Copy CA Penal Law Code § 977(g)
(1)Copy CA Penal Law Code § 977(g)(1) Before the court may proceed with a remote proceeding, the court shall have a process for a defendant, defense counsel, prosecuting attorney, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel to alert the judicial officer of technological or audibility issues that arise during the proceeding.
(2)CA Penal Law Code § 977(g)(2) When the court conducts a remote proceeding that will be reported by an official reporter or official reporter pro tempore, the reporter shall be physically present in the same room as the judicial officer unless doing so would cause a significant delay that would prejudice the parties, in which case the reporter shall be physically present in a court facility. If the reporter is not in the same room as the judicial officer, the reporter shall be given the ability to mute and unmute their own audio to allow for communication with the judicial officer.
(h)CA Penal Law Code § 977(h) The court shall make findings on the record that any waiver entered into pursuant to this section is knowingly, voluntarily, and intelligently made by the defendant.
(i)CA Penal Law Code § 977(i) The court shall require any party, witness, or attorney who participates remotely in a criminal proceeding to conduct themselves as if they were appearing physically in the courtroom. Any person speaking on the record shall have their name displayed or state their name.
(j)CA Penal Law Code § 977(j) By April 1, 2025, the Judicial Council shall adopt, and courts shall implement by July 1, 2025, minimum standards for the courtroom technology necessary to permit remote participation in criminal proceedings. The standards shall include, but not be limited to, hard-wired or other reliable high-speed internet connections for the judicial officer and court reporter, and monitors, dedicated cameras, speakers, and microphones so the judicial officer, court reporter, and court interpreter can appropriately see and hear remote participants, as well as to ensure that remote participants can appropriately see and hear the judicial officer and other courtroom participants. Court technology shall allow remote participants to be identified during the proceeding to ensure an accurate record.
(k)CA Penal Law Code § 977(k) The Judicial Council shall adopt rules and standards that are necessary to implement the policies and provisions of this section and the intent of the Legislature.
(l)CA Penal Law Code § 977(l) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
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Section § 977

Explanation

This law covers when a defendant has to be present in court for misdemeanor and felony cases. For misdemeanors, a defendant can often let their lawyer appear for them, except in cases like domestic violence and DUI, where personal presence might be required. For felony cases, defendants generally need to be present, but they can waive this if they follow specific procedures. Court appearances, in certain cases, can be done via video conferencing. If a defendant refuses to come to court without a valid reason, the trial may proceed without them if the court is satisfied with certain conditions. This law takes effect on January 1, 2027.

(a)Copy CA Penal Law Code § 977(a)
(1)Copy CA Penal Law Code § 977(a)(1) In all cases in which the accused is charged with a misdemeanor only, they may appear by counsel only, except as provided in paragraphs (2) and (3). If the accused agrees, the initial court appearance, arraignment, and plea may be by video, as provided by subdivision (c).
(2)CA Penal Law Code § 977(a)(2) If the accused is charged with a misdemeanor offense involving domestic violence, as defined in Section 6211 of the Family Code, or a misdemeanor violation of Section 273.6, the accused shall be present for arraignment and sentencing, and at any time during the proceedings when ordered by the court for the purpose of being informed of the conditions of a protective order issued pursuant to Section 136.2.
(3)CA Penal Law Code § 977(a)(3) If the accused is charged with a misdemeanor offense involving driving under the influence, in an appropriate case, the court may order a defendant to be present for arraignment, at the time of plea, or at sentencing. For purposes of this paragraph, a misdemeanor offense involving driving under the influence shall include a misdemeanor violation of any of the following:
(A)CA Penal Law Code § 977(a)(3)(A) Subdivision (b) of Section 191.5.
(B)CA Penal Law Code § 977(a)(3)(B) Section 23103 as specified in Section 23103.5 of the Vehicle Code.
(C)CA Penal Law Code § 977(a)(3)(C) Section 23152 of the Vehicle Code.
(D)CA Penal Law Code § 977(a)(3)(D) Section 23153 of the Vehicle Code.
(b)Copy CA Penal Law Code § 977(b)
(1)Copy CA Penal Law Code § 977(b)(1) Except as provided in subdivision (c), in all cases in which a felony is charged, the accused shall be personally present at the arraignment, at the time of plea, during the preliminary hearing, during those portions of the trial when evidence is taken before the trier of fact, and at the time of the imposition of sentence. The accused shall be personally present at all other proceedings unless they shall, with leave of court, execute in open court, a written waiver of their right to be personally present, as provided by paragraph (2). If the accused agrees, the initial court appearance, arraignment, and plea may be by video, as provided by subdivision (c).
(2)CA Penal Law Code § 977(b)(2) The accused may execute a written waiver of their right to be personally present, approved by their counsel, and the waiver shall be filed with the court. However, the court may specifically direct the defendant to be personally present at any particular proceeding or portion thereof. The waiver shall be substantially in the following form:
“The undersigned defendant, having been advised of their right to be present at all stages of the proceedings, including, but not limited to, presentation of and arguments on questions of fact and law, and to be confronted by and cross-examine all witnesses, hereby waives the right to be present at the hearing of any motion or other proceeding in this cause. The undersigned defendant hereby requests the court to proceed during every absence of the defendant that the court may permit pursuant to this waiver, and hereby agrees that their interest is represented at all times by the presence of their attorney the same as if the defendant were personally present in court, and further agrees that notice to their attorney that their presence in court on a particular day at a particular time is required is notice to the defendant of the requirement of their appearance at that time and place.”
(c)Copy CA Penal Law Code § 977(c)
(1)Copy CA Penal Law Code § 977(c)(1) The court may permit the initial court appearance and arraignment of defendants held in any state, county, or local facility within the county on felony or misdemeanor charges, except for those defendants who were indicted by a grand jury, to be conducted by two-way electronic audiovideo communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom. If the defendant is represented by counsel, the attorney shall be present with the defendant at the initial court appearance and arraignment, and may enter a plea during the arraignment. However, if the defendant is represented by counsel at an arraignment on an information in a felony case, and if the defendant does not plead guilty or nolo contendere to any charge, the attorney shall be present with the defendant or if the attorney is not present with the defendant, the attorney shall be present in court during the hearing. The defendant shall have the right to make their plea while physically present in the courtroom if they request to do so. If the defendant decides not to exercise the right to be physically present in the courtroom they shall execute a written waiver of that right. A judge may order a defendant’s personal appearance in court for the initial court appearance and arraignment. In a misdemeanor case, a judge may, pursuant to this subdivision, accept a plea of guilty or no contest from a defendant who is not physically in the courtroom. In a felony case, a judge may, pursuant to this subdivision, accept a plea of guilty or no contest from a defendant who is not physically in the courtroom if the parties stipulate thereto.
(2)Copy CA Penal Law Code § 977(c)(2)
(A)Copy CA Penal Law Code § 977(c)(2)(A) A defendant who does not wish to be personally present for noncritical portions of the trial when no testimonial evidence is taken may make an oral waiver in open court prior to the proceeding or may submit a written request to the court, which the court may grant in its discretion. The court may, when a defendant has waived the right to be personally present, require a defendant held in any state, county, or local facility within the county on felony or misdemeanor charges to be present for noncritical portions of the trial when no testimonial evidence is taken, including, but not limited to, confirmation of the preliminary hearing, status conferences, trial readiness conferences, discovery motions, receipt of records, the setting of the trial date, a motion to vacate the trial date, and motions in limine, by two-way electronic audiovideo communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom. If the defendant is represented by counsel, the attorney shall not be required to be personally present with the defendant for noncritical portions of the trial, if the audiovideo conferencing system or other technology allows for private communication between the defendant and the attorney prior to and during the noncritical portion of trial. Any private communication shall be confidential and privileged pursuant to Section 952 of the Evidence Code.
(B)CA Penal Law Code § 977(c)(2)(A)(B) This paragraph does not expand or limit the right of a defendant to be personally present with their counsel at a particular proceeding as required by Section 15 of Article 1 of the California Constitution.
(d)Copy CA Penal Law Code § 977(d)
(1)Copy CA Penal Law Code § 977(d)(1) Notwithstanding any other provision in this section, the court may allow a defendant to appear by counsel on that day, at a trial, hearing, or other proceeding, with or without a written waiver, if the court finds, by clear and convincing evidence, all of the following to be true:
(A)CA Penal Law Code § 977(d)(1)(A) The defendant is in custody and is refusing, without good cause, to appear in court on that day for that trial, hearing, or other proceeding.
(B)CA Penal Law Code § 977(d)(1)(B) The defendant has been informed of their right and obligation to be personally present in court.
(C)CA Penal Law Code § 977(d)(1)(C) The defendant has been informed that the trial, hearing, or other proceeding will proceed without the defendant being present.
(D)CA Penal Law Code § 977(d)(1)(D) The defendant has been informed that they have the right to remain silent during the trial, hearing, or other proceeding.
(E)CA Penal Law Code § 977(d)(1)(E) The defendant has been informed that their absence without good cause will constitute a voluntary waiver of any constitutional or statutory right to confront any witnesses against them or to testify on their own behalf.
(F)CA Penal Law Code § 977(d)(1)(F) The defendant has been informed whether or not defense counsel will be present.
(2)CA Penal Law Code § 977(d)(2) The court shall state on the record the reasons for the court’s findings and shall cause those findings and reasons to be entered into the minutes.
(3)CA Penal Law Code § 977(d)(3) If the trial, hearing, or other proceeding lasts for more than one day, the court is required to make the findings required by this subdivision anew for each day that the defendant is absent.
(4)CA Penal Law Code § 977(d)(4) This subdivision does not apply to any trial, hearing, or other proceeding in which the defendant was personally present in court at the commencement of the trial, hearing, or other proceeding.
(e)CA Penal Law Code § 977(e) This section shall become operative on January 1, 2027.
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Section § 977.1

Explanation

This law section explains that legal proceedings can continue with resolving factual or legal questions even if there's an ongoing process to determine whether the defendant is mentally incompetent or gravely disabled. In other words, the defendant's mental state assessment doesn't stop other parts of the case from moving forward.

The resolution of questions of fact or issues of law by trial or hearing which can be made without the assistance or participation of the defendant is not prohibited by the existence of any pending proceeding to determine whether the defendant is or remains mentally incompetent or gravely disabled pursuant to the provisions of either this code or the Welfare and Institutions Code.
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Section § 977.2

Explanation

This law allows for court appearances by video or audio connection for defendants charged with misdemeanors or felonies who are in state prison, except for preliminary hearings and trials, unless the defendant agrees otherwise. The court can still demand the defendant's physical presence if necessary.

The defendant's lawyer must be with them during their first appearance and arraignment, but if a plea isn't entered, the lawyer can be present either with the defendant or in court.

A confidential phone line must be set up if the lawyer isn't physically with the defendant during video appearances. This doesn't stop the lawyer from being physically present if needed.

(a)CA Penal Law Code § 977.2(a) Notwithstanding Section 977 or any other law, in any case in which the defendant is charged with a misdemeanor or a felony and is currently incarcerated in the state prison, the Department of Corrections and Rehabilitation may arrange for all court appearances in superior court, except for the preliminary hearing and trial, to be conducted by two-way electronic audiovideo communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom. If the defendant agrees, the preliminary hearing and trial may be held by two-way electronic audiovideo communication. This section shall not be interpreted to eliminate the authority of the court to issue an order requiring the defendant to be physically present in the courtroom in those cases where the court finds circumstances that require the physical presence of the defendant in the courtroom. For those court appearances that are conducted by two-way electronic audiovideo communication, the department shall arrange for two-way electronic audiovideo communication between the superior court and any state prison facility. The department shall provide properly maintained equipment, adequately trained staff at the prison, and appropriate training for court staff to ensure that consistently effective two-way electronic audiovideo communication is provided between the prison facility and the courtroom for all appearances conducted by two-way electronic audiovideo communication.
(b)CA Penal Law Code § 977.2(b) If the defendant is represented by counsel, the attorney shall be present with the defendant at the initial court appearance and arraignment, and may enter a plea during the arraignment. However, if the defendant is represented by counsel at an arraignment on an information or indictment in a felony case, and if the defendant does not plead guilty or nolo contendere to any charge, the attorney shall be present with the defendant or if the attorney is not present with the defendant, the attorney shall be present in court during the hearing.
(c)CA Penal Law Code § 977.2(c) In lieu of the physical presence of the defendant’s counsel at the institution with the defendant, the court and the department shall establish a confidential telephone line between the court and the institution for communication between the defendant’s counsel in court and the defendant at the institution. In this case, counsel for the defendant shall not be required to be physically present at the institution during any court appearance that is conducted via electronic audiovideo communication. This section shall not be construed to prohibit the physical presence of the defense counsel with the defendant at the state prison.
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Section § 977.3

Explanation

This law allows witnesses to testify remotely in misdemeanor or felony cases, except during felony trials, if both parties agree and the court approves. The defendant must waive the right for an in-person testimony but can change their mind if they show a valid reason. The court must ensure the waiver is made knowingly and voluntarily. A specific form is required for waiving a witness's physical presence in misdemeanor trials, which allows withdrawal if technical issues affect the trial's transcript accuracy. The Judicial Council is tasked with creating rules to enforce this law, which will expire on January 1, 2027.

(a)CA Penal Law Code § 977.3(a) A witness may testify in any misdemeanor or felony criminal proceeding, except for felony trials, through the use of remote technology with the written or oral consent of the parties on the record and with the consent of the court. The defendant shall waive the right to have a witness testify in person on the record and may withdraw this waiver at any time upon finding of good cause.
(b)CA Penal Law Code § 977.3(b) Notwithstanding subdivision (a), the court may allow a witness to testify through the use of remote technology as otherwise provided by statutes regarding the examination of victims of sexual crimes and conditional examinations of witnesses.
(c)CA Penal Law Code § 977.3(c) The court shall make findings on the record that any waiver entered into pursuant to this section is knowingly, voluntarily, and intelligently made by the defendant.
(d)CA Penal Law Code § 977.3(d) A written waiver of a witness’s physical presence at a misdemeanor jury trial shall be substantially in the following form:
“Waiver of a Witness’s Physical Presence at Misdemeanor Jury Trials”
“The undersigned defendant, having been advised of their right to have [name of witness] be physically present at a misdemeanor jury trial, hereby knowingly, intelligently, and voluntarily waives the right to have [name of witness] be physically present at the misdemeanor jury trial. The undersigned defendant may withdraw this consent at any time upon a finding of good cause. Good cause to withdraw consent is satisfied when the quality of the technology or audibility at the misdemeanor jury trial inhibits the court reporter’s ability to accurately prepare and certify a transcript of the proceeding.”
(e)CA Penal Law Code § 977.3(e) The Judicial Council shall adopt rules and standards that are necessary to implement the policies and provisions of this section and the intent of the Legislature.
(f)CA Penal Law Code § 977.3(f) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.
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Section § 978

Explanation

This law section states that if someone is in custody and they need to be present in court, the court can order that the officer holding them must bring them to court for formal charges to be read to them, a process known as arraignment.

When his personal appearance is necessary, if he is in custody, the Court may direct and the officer in whose custody he is must bring him before it to be arraigned.
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Section § 978.5

Explanation

If someone is supposed to show up in court and doesn't, a bench warrant for their arrest can be issued. This applies in various situations, such as when they were ordered to appear by a judge, released on bail, or promised to appear after being cited or arrested. Also, if a formal charge is filed in court and they fail to show up, the warrant can be issued. Such warrants can be served anywhere like regular arrest warrants. Be aware, this specific law is only effective until January 1, 2026.

(a)CA Penal Law Code § 978.5(a) A bench warrant of arrest may be issued when a defendant fails to appear in court as required by law, including, but not limited to, the following situations:
(1)CA Penal Law Code § 978.5(a)(1) If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2)CA Penal Law Code § 978.5(a)(2) If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3)CA Penal Law Code § 978.5(a)(3) If the defendant is released from custody on their own recognizance and promises to personally appear in court at a specific time and place.
(4)CA Penal Law Code § 978.5(a)(4) If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5)CA Penal Law Code § 978.5(a)(5) If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6)CA Penal Law Code § 978.5(a)(6) If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(7)CA Penal Law Code § 978.5(a)(7) If a defendant has been cited or arrested for misdemeanor or felony theft from a store and has failed to appear in court in connection with that charge or those charges in the previous six months.
(b)CA Penal Law Code § 978.5(b) The bench warrant may be served in any county in the same manner as a warrant of arrest.
(c)CA Penal Law Code § 978.5(c) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
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Section § 978.5

Explanation

This law explains when a bench warrant can be issued for someone's arrest if they don't show up to court as required. It covers different scenarios, like when a person is told to appear by a judge, released on bail or their own recognizance, or signs a promise to appear after being cited by an officer. Basically, if a person fails to turn up at the appointed time and place as ordered, a warrant can be issued. Also, the warrant can be executed in any county just like a regular arrest warrant. This section will start being enforced from January 1, 2026.

(a)CA Penal Law Code § 978.5(a) A bench warrant of arrest may be issued when a defendant fails to appear in court as required by law, including, but not limited to, the following situations:
(1)CA Penal Law Code § 978.5(a)(1) If the defendant is ordered by a judge or magistrate to personally appear in court at a specific time and place.
(2)CA Penal Law Code § 978.5(a)(2) If the defendant is released from custody on bail and is ordered by a judge or magistrate, or other person authorized to accept bail, to personally appear in court at a specific time and place.
(3)CA Penal Law Code § 978.5(a)(3) If the defendant is released from custody on their own recognizance and promises to personally appear in court at a specific time and place.
(4)CA Penal Law Code § 978.5(a)(4) If the defendant is released from custody or arrest upon citation by a peace officer or other person authorized to issue citations and the defendant has signed a promise to personally appear in court at a specific time and place.
(5)CA Penal Law Code § 978.5(a)(5) If a defendant is authorized to appear by counsel and the court or magistrate orders that the defendant personally appear in court at a specific time and place.
(6)CA Penal Law Code § 978.5(a)(6) If an information or indictment has been filed in the superior court and the court has fixed the date and place for the defendant personally to appear for arraignment.
(b)CA Penal Law Code § 978.5(b) The bench warrant may be served in any county in the same manner as a warrant of arrest.
(c)CA Penal Law Code § 978.5(c) This section shall become operative January 1, 2026.
bench warrant failure to appear defendant obligations ...

Section § 979

Explanation

This law says that if someone who is out on bail or has put up money or property as a guarantee does not show up in court when they need to, the court can do two things. First, they can take away the bail or the money/property that was put up. Second, they can issue a bench warrant to arrest the person for not appearing.

If the defendant has been discharged on bail or has deposited money or other property instead thereof, and does not appear to be arraigned when his personal presence is necessary, the court, in addition to the forfeiture of the undertaking of bail or of the money or other property deposited, may order the issuance of a bench warrant for his arrest.
bail conditions failure to appear bench warrant ...

Section § 980

Explanation

This law explains what happens after a court issues a bench warrant. The court clerk can issue the warrant to several counties, regardless of whether the court is in session. The clerk must ensure that any bench warrant for a felony case with a private surety bond is entered into the national warrant database (NCIC). If the agency fails to enter it and this failure stops the capture or affects the return of the fugitive, then the court can cancel the bond forfeiture and release any liability from the bond.

(a)CA Penal Law Code § 980(a) At any time after the order for a bench warrant is made, whether the court is sitting or not, the clerk may issue a bench warrant to one or more counties.
(b)CA Penal Law Code § 980(b) The clerk shall require the appropriate agency to enter each bench warrant issued on a private surety-bonded felony case into the national warrant system (National Crime Information Center (NCIC)). If the appropriate agency fails to enter the bench warrant into the national warrant system (NCIC), and the court finds that this failure prevented the surety or bond agent from surrendering the fugitive into custody, prevented the fugitive from being arrested or taken into custody, or resulted in the fugitive’s subsequent release from custody, the court having jurisdiction over the bail shall, upon petition, set aside the forfeiture of the bond and declare all liability on the bail bond to be exonerated.
bench warrant clerk duties private surety bond ...

Section § 981

Explanation

This section outlines the required format for a bench warrant in California. A bench warrant is a legal document issued by a court, directing law enforcement officers like sheriffs, marshals, or police officers to arrest a person named in an accusatory pleading. The document commands the officer to take the person to the court named on the warrant to respond to the charges listed. If the court is not in session, the officer must instead deliver the person to the county sheriff's custody.

The bench warrant must be substantially in the following form:
County of ____. The People of the State of California to any Sheriff, Marshal, or Policeman in this State: An accusatory pleading having been filed on the ____ day of ____, A.D. ____, in the Superior Court of the County of ____, charging C. D. with the crime of ____ (designating it generally); you are, therefore, commanded forthwith to arrest the above named C. D., and bring him or her before that Court (or if the accusatory pleading has been sent to another Court, then before that Court, naming it), to answer said accusatory pleading, or if the Court is not in session, that you deliver him or her into the custody of the Sheriff of the County of ____.
Given under my hand, with the seal of said Court affixed, this ____ day of ____, A.D. ____.
By order of said Court.
[seal.]
E. F., Clerk.
bench warrant format accusatory pleading arrest command ...

Section § 982

Explanation

If someone is arrested for a crime that doesn't allow bail, they have to stay in custody unless they appeal to a court with what's called a writ of habeas corpus and are granted bail. But, if the crime does allow for bail, the arrest warrant must include instructions that let the arrested person appear before a judge to set their bail amount. The total bail amount is determined by the court and noted on the warrant, which is then signed by the court clerk.

The defendant, when arrested under a warrant for an offense not bailable, must be held in custody by the Sheriff of the county in which the indictment is found or information filed, unless admitted to bail after an examination upon a writ of habeas corpus; but if the offense is bailable, there must be added to the body of the bench warrant a direction to the following effect: “Or, if he requires it, that you take him before any magistrate in that county, or in the county in which you arrest him, that he may give bail to answer to the indictment (or information);” and the Court, upon directing it to issue, must fix the amount of bail, and an indorsement must be made thereon and signed by the Clerk, to the following effect: “The defendant is to be admitted to bail in the sum of ____ dollars.”
non-bailable offense bench warrant magistrate ...

Section § 983

Explanation
A bench warrant in California can be executed anywhere within the state just like a regular arrest warrant.
The bench warrant may be served in any county in the same manner as a warrant of arrest.
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Section § 984

Explanation

If someone arrested in one county is taken to a magistrate in another county to post bail, the magistrate should handle the situation just like they would if the person had been brought to them under an arrest warrant.

If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto in the same manner as if the defendant had been brought before him upon a warrant of arrest, and the same proceedings must be had thereon.
arrest warrant bail proceedings cross-county bail ...

Section § 985

Explanation

If someone is charged with a felony and has already posted bail before formal charges are filed, the court can require them to be taken into custody unless they pay a higher bail amount set by the court.

When the information or indictment is for a felony, and the defendant, before the filing thereof, has given bail for his appearance to answer the charge, the Court to which the indictment or information is presented, or in which it is pending, may order the defendant to be committed to actual custody, unless he gives bail in an increased amount, to be specified in the order.
felony defendant bail increase ...

Section § 986

Explanation

If a judge decides you should be detained and you are in the courtroom, you'll be taken into custody immediately. If you're not there, a special arrest order called a bench warrant will be issued to bring you in, following specific procedures.

If the defendant is present when the order is made, he must be forthwith committed. If he is not present, a bench warrant must be issued and proceeded upon in the manner provided in this chapter.
defendant presence immediate commitment absent defendant ...

Section § 987

Explanation

This law outlines procedures for appointing legal counsel to defendants who appear without counsel during arraignment in both non-capital and capital cases. In non-capital cases, the court will inform defendants of their right to counsel and appoint one if they cannot afford it. In capital cases, the court must ensure defendants have representation at all stages of proceedings and assess their ability to hire legal counsel. If they can't afford an attorney, one will be assigned at the public's expense. Additionally, defendants may be required to submit financial information to determine their ability to hire counsel, but this information is confidential. In capital cases, a second attorney may be appointed if necessary.

(a)CA Penal Law Code § 987(a) In a noncapital case, if the defendant appears for arraignment without counsel, the defendant shall be informed by the court that it is their right to have counsel before being arraigned, and shall be asked if they desire the assistance of counsel. If the defendant desires and is unable to employ counsel the court shall assign counsel to defend them.
(b)CA Penal Law Code § 987(b) In a capital case, if the defendant appears for arraignment without counsel, the court shall inform the defendant that they shall be represented by counsel at all stages of the preliminary and trial proceedings and that the representation is at their expense if they are able to employ counsel or at public expense if they are unable to employ counsel, inquire of them whether they are able to employ counsel and, if so, whether they desire to employ counsel of their choice or to have counsel assigned, and allow them a reasonable time to send for their chosen or assigned counsel. If the defendant is unable to employ counsel, the court shall assign counsel to defend them. If the defendant is able to employ counsel and either refuses to employ counsel or appears without counsel after having had a reasonable time to employ counsel, the court shall assign counsel.
The court shall at the first opportunity inform the defendant’s trial counsel, whether retained by the defendant or court-appointed, of the additional duties imposed upon trial counsel in any capital case as set forth in paragraph (1) of subdivision (b) of Section 1240.1.
(c)CA Penal Law Code § 987(c) In order to assist the court in determining whether a defendant is able to employ counsel in any case, the court may require a defendant to file a financial statement or other financial information under penalty of perjury with the court or, in its discretion, order a defendant to appear before a county officer designated by the court to make an inquiry into the ability of the defendant to employ their own counsel. If a county officer is designated, the county officer shall provide to the court a written recommendation and the reason or reasons in support of the recommendation. The determination by the court shall be made on the record. Except as provided in Section 1214, the financial statement or other financial information obtained from the defendant shall be confidential and privileged and shall not be admissible in evidence in any criminal proceeding except the prosecution of an alleged offense of perjury based upon false material contained in the financial statement. The financial statement shall be made available to the prosecution only for purposes of investigation of an alleged offense of perjury based upon false material contained in the financial statement at the conclusion of the proceedings for which the financial statement was required to be submitted.
(d)CA Penal Law Code § 987(d) In a capital case, the court may appoint an additional attorney as a cocounsel upon a written request of the first attorney appointed. The request shall be supported by an affidavit of the first attorney setting forth in detail the reasons why a second attorney should be appointed. Any affidavit filed with the court shall be confidential and privileged. The court shall appoint a second attorney when it is convinced by the reasons stated in the affidavit that the appointment is necessary to provide the defendant with effective representation. If the request is denied, the court shall state on the record its reasons for denial of the request.
(e)CA Penal Law Code § 987(e) This section shall become operative on July 1, 2021.
arraignment without counsel capital case representation right to counsel ...

Section § 987.1

Explanation

If you're facing a felony charge and your lawyer was with you during the preliminary examination, they will keep representing you until your arraignment date. However, they can be replaced if the court allows someone else to take over or if there's a good reason for them to stop working on your case.

Counsel at the preliminary examination shall continue to represent a defendant who has been ordered to stand trial for a felony until the date set for arraignment on the information unless relieved by the court upon the substitution of other counsel or for cause.
preliminary examination felony charge arraignment ...

Section § 987.2

Explanation

A person who cannot afford a lawyer in a criminal case in California's superior court can have one assigned by the court, with the cost covered by the county's general fund. This happens if the county lacks a public defender, or if there's a conflict preventing the public defender from taking the case. In some counties, panels of qualified attorneys may be set up to provide defense services on a rotating basis.

The court must first use the public defender's services, or a second public defender if it exists and meets quality standards, before turning to county-contracted attorneys. Assigned counsel, like the public defender, has the right to the same information to ensure fair representation. In certain situations, a lawyer already representing a defendant in one county can continue representing them if charged elsewhere, if it's efficient and appropriate.

For misdemeanor cases, a lawyer will be provided if the person cannot afford one and needs a defense. Lastly, counties can recover costs for public defender services in eligible cases.

(a)CA Penal Law Code § 987.2(a) In any case in which a person, including a person who is a minor, desires but is unable to employ counsel, and in which counsel is assigned in the superior court to represent the person in a criminal trial, proceeding, or appeal, the following assigned counsel shall receive a reasonable sum for compensation and for necessary expenses, the amount of which shall be determined by the court, to be paid out of the general fund of the county:
(1)CA Penal Law Code § 987.2(a)(1) In a county or city and county in which there is no public defender.
(2)CA Penal Law Code § 987.2(a)(2) In a county of the first, second, or third class where there is no contract for criminal defense services between the county and one or more responsible attorneys.
(3)CA Penal Law Code § 987.2(a)(3) In a case in which the court finds that, because of a conflict of interest or other reasons, the public defender has properly refused.
(4)CA Penal Law Code § 987.2(a)(4) In a county of the first, second, or third class where attorneys contracted by the county are unable to represent the person accused.
(b)CA Penal Law Code § 987.2(b) The sum provided for in subdivision (a) may be determined by contract between the court and one or more responsible attorneys after consultation with the board of supervisors as to the total amount of compensation and expenses to be paid, which shall be within the amount of funds allocated by the board of supervisors for the cost of assigned counsel in those cases.
(c)CA Penal Law Code § 987.2(c) In counties that utilize an assigned private counsel system as either the primary method of public defense or as the method of appointing counsel in cases where the public defender is unavailable, the county, the courts, or the local county bar association working with the courts are encouraged to do all of the following:
(1)CA Penal Law Code § 987.2(c)(1) Establish panels that shall be open to members of the State Bar of California.
(2)CA Penal Law Code § 987.2(c)(2) Categorize attorneys for panel placement on the basis of experience.
(3)CA Penal Law Code § 987.2(c)(3) Refer cases to panel members on a rotational basis within the level of experience of each panel, except that a judge may exclude an individual attorney from appointment to an individual case for good cause.
(4)CA Penal Law Code § 987.2(c)(4) Seek to educate those panel members through an approved training program.
(d)CA Penal Law Code § 987.2(d) In a county of the first, second, or third class, the court shall first utilize the services of the public defender to provide criminal defense services for indigent defendants. In the event that the public defender is unavailable and the county and the courts have contracted with one or more responsible attorneys or with a panel of attorneys to provide criminal defense services for indigent defendants, the court shall utilize the services of the county-contracted attorneys prior to assigning any other private counsel. Nothing in this subdivision shall be construed to require the appointment of counsel in any case in which the counsel has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of a county-contracted attorney after making a finding of good cause and stating the reasons therefor on the record.
(e)CA Penal Law Code § 987.2(e) In a county of the first, second, or third class, the court shall first utilize the services of the public defender to provide criminal defense services for indigent defendants. In the event that the public defender is unavailable and the county has created a second public defender and contracted with one or more responsible attorneys or with a panel of attorneys to provide criminal defense services for indigent defendants, and if the quality of representation provided by the second public defender is comparable to the quality of representation provided by the public defender, the court shall next utilize the services of the second public defender and then the services of the county-contracted attorneys prior to assigning any other private counsel. Nothing in this subdivision shall be construed to require the appointment of counsel in any case in which the counsel has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the second public defender or a county-contracted attorney after making a finding of good cause and stating the reasons therefor on the record.
(f)CA Penal Law Code § 987.2(f) In any case in which counsel is assigned as provided in subdivision (a), that counsel appointed by the court and any court-appointed licensed private investigator shall have the same rights and privileges to information as the public defender and the public defender investigator. It is the intent of the Legislature in enacting this subdivision to equalize any disparity that exists between the ability of private, court-appointed counsel and investigators, and public defenders and public defender investigators, to represent their clients. This subdivision is not intended to grant to private investigators access to any confidential Department of Motor Vehicles’ information not otherwise available to them. This subdivision is not intended to extend to private investigators the right to issue subpoenas.
(g)CA Penal Law Code § 987.2(g) Notwithstanding any other provision of this section, where an indigent defendant is first charged in one county and establishes an attorney-client relationship with the public defender, defense services contract attorney, or private attorney, and where the defendant is then charged with an offense in a second or subsequent county, the court in the second or subsequent county may appoint the same counsel as was appointed in the first county to represent the defendant when all of the following conditions are met:
(1)CA Penal Law Code § 987.2(g)(1) The offense charged in the second or subsequent county would be joinable for trial with the offense charged in the first if it took place in the same county, or involves evidence which would be cross-admissible.
(2)CA Penal Law Code § 987.2(g)(2) The court finds that the interests of justice and economy will be best served by unitary representation.
(3)CA Penal Law Code § 987.2(g)(3) Counsel appointed in the first county consents to the appointment.
(h)CA Penal Law Code § 987.2(h) The county may recover costs of public defender services under Chapter 6 (commencing with Section 4750) of Title 5 of Part 3 for any case subject to Section 4750.
(i)CA Penal Law Code § 987.2(i) Counsel shall be appointed to represent, in a misdemeanor case, a person who desires but is unable to employ counsel, when it appears that the appointment is necessary to provide an adequate and effective defense for the defendant. Appointment of counsel in an infraction case is governed by Section 19.6.
(j)CA Penal Law Code § 987.2(j) As used in this section, “county of the first, second, or third class” means the county of the first class, county of the second class, and county of the third class as provided by Sections 28020, 28022, 28023, and 28024 of the Government Code.
(k)CA Penal Law Code § 987.2(k) This section shall become operative on July 1, 2021.
assigned counsel compensation public defender conflict county contracted attorneys ...

Section § 987.3

Explanation

This law outlines how a court-appointed attorney's fees and expenses should be considered for payment. When deciding what is reasonable, the judge must take into account several factors. These include the normal fee for similar legal services in the area, the amount of time and work the lawyer put in, how challenging the defense was, any new or unclear legal issues, the level of skill and experience required and shown by the lawyer, and the lawyer's professional reputation and qualifications. No single factor should be more important than the others.

Whenever in this code a court-appointed attorney is entitled to reasonable compensation and necessary expenses, the judge of the court shall consider the following factors, no one of which alone shall be controlling:
(a)CA Penal Law Code § 987.3(a) Customary fee in the community for similar services rendered by privately retained counsel to a nonindigent client.
(b)CA Penal Law Code § 987.3(b) The time and labor required to be spent by the attorney.
(c)CA Penal Law Code § 987.3(c) The difficulty of the defense.
(d)CA Penal Law Code § 987.3(d) The novelty or uncertainty of the law upon which the decision depended.
(e)CA Penal Law Code § 987.3(e) The degree of professional ability, skill, and experience called for and exercised in the performance of the services.
(f)CA Penal Law Code § 987.3(f) The professional character, qualification, and standing of the attorney.
court-appointed attorney compensation reasonable fees necessary expenses ...

Section § 987.05

Explanation

This law requires that in felony cases, the court assigns defense counsel who is prepared to proceed with preliminary hearings or trials within legally specified times. However, in unusual cases, if the nature of the case prevents preparation within this time, the court will set a reasonable period. The lawyer's convenience or schedule conflicts should not affect this decision. If a lawyer is not ready by the designated time without a valid reason, they can be removed from the case, fined, or not paid. Both the prosecution and defense can argue about the needed preparation time.

In assigning defense counsel in felony cases, whether it is the public defender or private counsel, the court shall only assign counsel who represents, on the record, that he or she will be ready to proceed with the preliminary hearing or trial, as the case may be, within the time provisions prescribed in this code for preliminary hearings and trials, except in those unusual cases where the court finds that, due to the nature of the case, counsel cannot reasonably be expected to be ready within the presecribed period if he or she were to begin preparing the case forthwith and continue to make diligent and constant efforts to be ready. In the case where the time of preparation for preliminary hearing or trial is deemed greater than the statutory time, the court shall set a reasonable time period for preparation. In making this determination, the court shall not consider counsel’s convenience, counsel’s calendar conflicts, or counsel’s other business. The court may allow counsel a reasonable time to become familiar with the case in order to determine whether he or she can be ready. In cases where counsel, after making representations that he or she will be ready for preliminary examination or trial, and without good cause is not ready on the date set, the court may relieve counsel from the case and may impose sanctions upon counsel, including, but not limited to, finding the assigned counsel in contempt of court, imposing a fine, or denying any public funds as compensation for counsel’s services. Both the prosecuting attorney and defense counsel shall have a right to present evidence and argument as to a reasonable length of time for preparation and on any reasons why counsel could not be prepared in the set time.
defense counsel assignment felony cases preliminary hearing readiness ...

Section § 987.6

Explanation

This law allows the California Department of Finance to reimburse counties up to 10% of the money they spend on providing legal counsel for people who can't afford it. This applies to those charged with state crimes or involuntarily detained under mental health laws. To receive the funds, counties need to apply in the way the Department of Finance specifies, and the department can set rules to manage the process.

(a)CA Penal Law Code § 987.6(a) From any state moneys made available to it for such purpose, the Department of Finance shall, pursuant to this section, pay to the counties an amount not to exceed 10 percent of the amounts actually expended by the counties in providing counsel in accordance with the law whether by public defender, assigned counsel, or both, for persons charged with violations of state criminal law or involuntarily detained under the Lanterman-Petris-Short Act, Division 5 (commencing with Section 5000) of the Welfare and Institutions Code, who desire, but are unable to afford, counsel.
(b)CA Penal Law Code § 987.6(b) Application for payment shall be made in such manner and at such times as prescribed by the Department of Finance and the department may adopt rules necessary or appropriate to carry out the purposes of this section.
Department of Finance reimbursement counties funding legal counsel costs ...

Section § 987.9

Explanation

This law section explains that in capital cases or certain serious cases, a defendant who can't afford legal expenses can request court funds through their lawyer to pay for things like investigators and expert witnesses. This request must be made privately and justified as necessary for the defense. A judge, different from the trial judge, will decide the appropriate amount of money in a private hearing.

After the trial, the lawyer must provide a detailed financial report of how the funds were used. The state's Controller ensures any reimbursements comply with regulations on expenses and can cover extraordinary costs if justified. Confidentiality is maintained, but records may be shared with the prosecution if relevant to an appeal or review, remaining sealed and used only for that case.

(a)CA Penal Law Code § 987.9(a) In the trial of a capital case or a case under subdivision (a) of Section 190.05, the indigent defendant, through the defendant’s counsel, may request the court for funds for the specific payment of investigators, experts, and others for the preparation or presentation of the defense. The application for funds shall be by affidavit and shall specify that the funds are reasonably necessary for the preparation or presentation of the defense. The fact that an application has been made shall be confidential and the contents of the application shall be confidential. Upon receipt of an application, a judge of the court, other than the trial judge presiding over the case in question, shall rule on the reasonableness of the request and shall disburse an appropriate amount of money to the defendant’s attorney. The ruling on the reasonableness of the request shall be made at an in camera hearing. In making the ruling, the court shall be guided by the need to provide a complete and full defense for the defendant.
(b)Copy CA Penal Law Code § 987.9(b)
(1)Copy CA Penal Law Code § 987.9(b)(1) The Controller shall not reimburse any county for costs that exceed Department of General Services’ standards for travel and per diem expenses. The Controller may reimburse extraordinary costs in unusual cases if the county provides sufficient documentation of the need for those expenditures.
(2)CA Penal Law Code § 987.9(b)(2) At the termination of the proceedings, the attorney shall furnish to the court a complete accounting of all moneys received and disbursed pursuant to this section.
(c)CA Penal Law Code § 987.9(c) The Controller shall adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, controlling reimbursements under this section. The regulations shall consider compensation for investigators, expert witnesses, and other expenses that may or may not be reimbursable pursuant to this section. Notwithstanding the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the Controller shall follow any regulations adopted until final approval by the Office of Administrative Law.
(d)CA Penal Law Code § 987.9(d) The confidentiality provided in this section shall not preclude any court from providing the prosecuting agency representing the state in the proceeding with access to documents protected by this section when the defendant raises an issue on appeal or collateral review where the recorded portion of the record, created pursuant to this section, relates to the issue raised. When the defendant raises that issue either on appeal or in a collateral review where an order to show cause has issued, the funding records, or relevant portions thereof, shall be provided to the prosecuting agency representing the state in the proceeding at their request. In this case, the documents shall remain under seal and their use shall be limited solely to the pending proceeding.
capital case defense funding indigent defendant investigator payment ...

Section § 988

Explanation

In a criminal case, the arraignment is when the court, or a clerk or prosecutor under its direction, reads the charges to the defendant. The defendant is given a true copy of the charges and a list of witnesses, if any. The defendant is then asked to plead guilty or not guilty. If the charges involve a misdemeanor, the defendant must request a copy if they want one.

The arraignment must be made by the court, or by the clerk or prosecuting attorney under its direction, and consists in reading the accusatory pleading to the defendant and delivering to the defendant a true copy thereof, and of the endorsements thereon, if any, including the list of witnesses, and asking the defendant whether the defendant pleads guilty or not guilty to the accusatory pleading; provided, that where the accusatory pleading is a complaint charging a misdemeanor, a copy of the same need not be delivered to any defendant unless requested by the defendant.
arraignment process accusatory pleading defendant rights ...

Section § 989

Explanation

When a person is brought to court for their initial hearing (arraignment), they must be told that if the name on the legal documents isn't their real name, they need to tell the court their true name at that time. If they don't say otherwise, the court will use the name on the documents. However, if they claim another name as their true name, the court will note that in their records and will continue the case using that true name, while also mentioning the original name from the legal papers.

When the defendant is arraigned, he must be informed that if the name by which he is prosecuted is not his true name, he must then declare his true name, or be proceeded against by the name in the accusatory pleading. If he gives no other name, the court may proceed accordingly; but if he alleges that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment, and the subsequent proceedings on the accusatory pleading may be had against him by that name, referring also to the name by which he was first charged therein.
arraignment procedure defendant's true name name declaration ...

Section § 990

Explanation

When a person is brought to court and formally charged with a crime (arraignment), they can ask for more time to respond to the charges. In felony cases, they have to be given at least one day, while in misdemeanor or less serious cases, up to seven days are allowed.

If on the arraignment, the defendant requires it, the defendant must be allowed a reasonable time to answer, which shall be not less than one day in a felony case and not more than seven days in a misdemeanor or infraction case.
arraignment timeline defendant response time felony arraignment ...

Section § 991

Explanation

If a person is in custody for a misdemeanor and has pleaded not guilty, the magistrate must decide if there's enough reason to believe the offense was committed and the person is guilty. This decision, called probable cause, should happen right away unless the court delays it for a valid reason, up to three days.

The magistrate looks at arrest warrants, complaints, or other reliable documents to decide. If there is probable cause, the case goes to trial. If not, the case is dismissed and the person is released. The prosecution can refile the case within 15 days after dismissal once, but a second dismissal prevents further prosecution for the same offense.

(a)CA Penal Law Code § 991(a) If the defendant is in custody at the time he appears before the magistrate for arraignment and, if the public offense is a misdemeanor to which the defendant has pleaded not guilty, the magistrate, on motion of counsel for the defendant or the defendant, shall determine whether there is probable cause to believe that a public offense has been committed and that the defendant is guilty thereof.
(b)CA Penal Law Code § 991(b) The determination of probable cause shall be made immediately unless the court grants a continuance for good cause not to exceed three court days.
(c)CA Penal Law Code § 991(c) In determining the existence of probable cause, the magistrate shall consider any warrant of arrest with supporting affidavits, and the sworn complaint together with any documents or reports incorporated by reference thereto, which, if based on information and belief, state the basis for such information, or any other documents of similar reliability.
(d)CA Penal Law Code § 991(d) If, after examining these documents, the court determines that there exists probable cause to believe that the defendant has committed the offense charged in the complaint, it shall set the matter for trial.
If the court determines that no such probable cause exists, it shall dismiss the complaint and discharge the defendant.
(e)CA Penal Law Code § 991(e) Within 15 days of the dismissal of a complaint pursuant to this section the prosecution may refile the complaint.
A second dismissal pursuant to this section is a bar to any other prosecution for the same offense.
defendant in custody misdemeanor plea probable cause determination ...

Section § 992

Explanation

If you're charged with a felony in California, the court will require your right thumbprint at the arraignment or when you plead guilty or no contest. This print helps identify you and is kept permanently in your court file. If you can't use your right thumb, they'll use your left one, and if neither thumb works, the court will find another way to record your identity.

This thumbprint isn't for database use. Each county can decide with the district attorney if they want to keep all felony defendants' photos and fingerprints in court files.

(a)Copy CA Penal Law Code § 992(a)
(1)Copy CA Penal Law Code § 992(a)(1) In any case in which the defendant is charged with a felony, the court shall require the defendant to provide a right thumbprint on a form developed for this purpose. Unless the court has obtained the thumbprint at an earlier proceeding, it shall do so at the arraignment on the information or indictment, or upon entry of a guilty or no contest plea under Section 859a. The fingerprint form shall include the name and superior court case number of the defendant, the date, and the printed name, position, and badge or serial number of the court bailiff who imprints the defendant’s thumbprint. In the event the defendant is physically unable to provide a right thumbprint, the defendant shall provide a left thumbprint. In the event the defendant is physically unable to provide a left thumbprint, the court shall make a determination as to how the defendant might otherwise provide a suitable identifying characteristic to be imprinted on the judgment of conviction. The clerk shall note on the fingerprint form which digit, if any, of the defendant’s was imprinted thereon. In the event that the defendant is convicted, this fingerprint form shall be attached to the minute order reflecting the defendant’s sentence. The fingerprint form shall be permanently maintained in the superior court file.
(2)CA Penal Law Code § 992(a)(2) This thumbprint or fingerprint shall not be used to create a database. The Judicial Council shall develop a form to implement this section.
(b)CA Penal Law Code § 992(b) In the event that a county implements a countywide policy in which every felony defendant’s photograph and fingerprints are permanently maintained in the superior court file, the presiding judge of that county may elect, after consultation with the district attorney, to continue compliance with this section.
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Section § 993

Explanation

If a person is in court for a felony and is the only parent caring for minor kids, the court must give them some important information. This includes a guardianship pamphlet, details about setting up a power of attorney for their child, and info on background checks for childcare providers.

If the parent says they're the only caregiver, the court can take their word for it and doesn't have to investigate further unless they want to.

(a)CA Penal Law Code § 993(a) At the arraignment of a defendant who is charged with a felony and who is, or whom the court reasonably deems to be, the sole custodial parent of one or more minor children, the court shall provide the following to the defendant:
(1)CA Penal Law Code § 993(a)(1) Judicial Council Form GC-205, the “Guardianship Pamphlet.”
(2)CA Penal Law Code § 993(a)(2) Information regarding a power of attorney for a minor child.
(3)CA Penal Law Code § 993(a)(3) Information regarding trustline background examinations pertaining to child care providers as provided in Chapter 3.35 (commencing with Section 1596.60) of Division 2 of the Health and Safety Code.
(b)CA Penal Law Code § 993(b) If the defendant states, orally or in writing, at the arraignment that the defendant is a sole custodial parent of one or more minor children, the court may reasonably deem the defendant to be a sole custodial parent of one or more minor children without further investigation. The court may, but is not required to, make that determination on the basis of information other than the defendant’s statement.
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