Section § 681

Explanation

You can't be punished for committing a crime unless a court that has the authority to hear the case finds you guilty through a proper legal process.

No person can be punished for a public offense, except upon a legal conviction in a Court having jurisdiction thereof.

Section § 682

Explanation

In California, most crimes must be prosecuted with a formal charge known as an indictment or information. However, there are exceptions, including cases involving the removal of state civil officers, offenses related to military service during war, misdemeanors and infractions, and felonies where the defendant has already pleaded guilty to a lesser charge under certain conditions.

Every public offense must be prosecuted by indictment or information, except:
1. Where proceedings are had for the removal of civil officers of the state;
2. Offenses arising in the militia when in actual service, and in the land and naval forces in the time of war, or which the state may keep, with the consent of Congress, in time of peace;
3. Misdemeanors and infractions;
4. A felony to which the defendant has pleaded guilty to the complaint before a magistrate, where permitted by law.

Section § 683

Explanation
A criminal action is the process used to formally accuse someone of a crime and bring them to trial and punishment.
The proceeding by which a party charged with a public offense is accused and brought to trial and punishment, is known as a criminal action.

Section § 684

Explanation

This law states that when a crime is prosecuted in California, it is done on behalf of the people of California against the person accused of committing the crime.

A criminal action is prosecuted in the name of the people of the State of California, as a party, against the person charged with the offense.

Section § 685

Explanation

This law simply states that in a criminal case, the person who is being accused and facing charges is known as the defendant.

The party prosecuted in a criminal action is designated in this Code as the defendant.

Section § 686

Explanation

This law states the rights of a defendant in a criminal case. Firstly, they have the right to a trial that is both quick and public. Secondly, while a defendant can choose to represent themselves or have a lawyer, in very serious cases (like those involving the death penalty), they must have a lawyer. Thirdly, defendants can bring their own witnesses and confront those against them in court. However, exceptions include the use of hearsay evidence if it is legally permissible, and the reading of a witness's deposition if allowed by law.

In a criminal action the defendant is entitled:
1. To a speedy and public trial.
2. To be allowed counsel as in civil actions, or to appear and defend in person and with counsel, except that in a capital case he shall be represented in court by counsel at all stages of the preliminary and trial proceedings.
3. To produce witnesses on his behalf and to be confronted with the witnesses against him, in the presence of the court, except that:
(a)CA Penal Law Code § 686(a) Hearsay evidence may be admitted to the extent that it is otherwise admissible in a criminal action under the law of this state.
(b)CA Penal Law Code § 686(b) The deposition of a witness taken in the action may be read to the extent that it is otherwise admissible under the law of this state.

Section § 686.1

Explanation

In a death penalty case, the person accused must have a lawyer present with them during every part of the early and trial processes, regardless of what other laws might suggest.

Notwithstanding any other provision of law, the defendant in a capital case shall be represented in court by counsel at all stages of the preliminary and trial proceedings.

Section § 686.2

Explanation

This law allows a court to remove a spectator from a trial if they are intimidating a witness. Before doing so, the court must hold a hearing and be convinced that the spectator is actually intimidating the witness and that their removal is essential for the witness to testify fully and freely. The law ensures that this removal is the only way to help the witness give complete testimony. However, this rule does not apply to removing the press or the defendant from the proceeding.

(a)CA Penal Law Code § 686.2(a) The court may, after holding a hearing and making the findings set forth in subdivision (b), order the removal of any spectator who is intimidating a witness.
(b)CA Penal Law Code § 686.2(b) The court may order the removal of a spectator only if it finds all of the following by clear and convincing evidence:
(1)CA Penal Law Code § 686.2(b)(1) The spectator to be removed is actually engaging in intimidation of the witness.
(2)CA Penal Law Code § 686.2(b)(2) The witness will not be able to give full, free, and complete testimony unless the spectator is removed.
(3)CA Penal Law Code § 686.2(b)(3) Removal of the spectator is the only reasonable means of ensuring that the witness may give full, free, and complete testimony.
(c)CA Penal Law Code § 686.2(c) Subdivision (a) shall not be used as a means of excluding the press or a defendant from attendance at any portion of a criminal proceeding.

Section § 686.5

Explanation

If someone is arrested but then released without a trial or found not guilty, and they are considered indigent (meaning they don't have enough money), the arresting agency must take them back to where they were originally arrested if they were taken over 25 miles away.

In any case in which a person is arrested and released without trial or in which a person is arrested, tried, and acquitted, if such person is indigent and is released or acquitted at a place to which he has been transported by the arresting agency and which is more than 25 airline miles from the place of his arrest, the arresting agency shall, at his request, return or provide for return of such person to the place of his arrest.

Section § 687

Explanation

This law says that once someone has been tried for a crime and the trial ends with either a conviction or an acquittal, they cannot be tried again for the same crime.

No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted.

Section § 688

Explanation

This law states that if someone is accused of a crime, they should not be held in detention with more restrictions than necessary before they are found guilty.

No person charged with a public offense may be subjected, before conviction, to any more restraint than is necessary for his detention to answer the charge.

Section § 688.5

Explanation

This law states that in criminal cases, a defendant cannot be charged by local governments or their attorneys for the costs related to investigation, prosecution, or appeals. However, this rule does not apply in civil cases.

There are exceptions where costs can be charged, including violations of specific state laws and codes, such as some insurance, labor, tax, and unemployment insurance laws. Also, certain state laws may allow recovery of these costs as authorized by a statute or court order, but not for local ordinances.

The law also clarifies that it does not limit probation departments from assessing fees authorized by other laws. It defines "costs" as payments to legal and law enforcement personnel, excluding expenses for repairing harms from criminal actions.

(a)CA Penal Law Code § 688.5(a) A city, county, or city and county, including an attorney acting on behalf of a city, county, or city and county, shall not charge a defendant for the costs of investigation, prosecution, or appeal in a criminal case, including, but not limited to, a criminal violation of a local ordinance. This prohibition shall not apply in any civil action or civil proceeding.
(b)CA Penal Law Code § 688.5(b) This section shall not apply to any of the following:
(1)CA Penal Law Code § 688.5(b)(1) A violation of Section 186.8, 186.11, or 670.
(2)CA Penal Law Code § 688.5(b)(2) Costs ordered by a court pursuant to paragraph (1) of subdivision (d) of Section 17062 of the Health and Safety Code.
(3)CA Penal Law Code § 688.5(b)(3) A violation of Section 1871.4 of the Insurance Code.
(4)CA Penal Law Code § 688.5(b)(4) A violation of Section 3700.5 of the Labor Code.
(5)CA Penal Law Code § 688.5(b)(5) A violation of Section 19542.3, 19701, 19701.5, 19705, 19706, 19720, 19721, 30165.1, 30482, 38800, 46701, 46702, 46704, or 46705 of the Revenue and Taxation Code.
(6)CA Penal Law Code § 688.5(b)(6) A violation of Section 2126 of the Unemployment Insurance Code.
(7)CA Penal Law Code § 688.5(b)(7) A violation of any other provision of state law where recovery of the costs of investigation, prosecution, or appeal in a criminal case is specifically authorized by statute or ordered by a court. This paragraph does not apply to a local ordinance.
(c)CA Penal Law Code § 688.5(c) Nothing in this section shall be interpreted to affect the authority of a probation department to assess and collect fees or other charges authorized by statute.
(d)CA Penal Law Code § 688.5(d) For the purposes of this section, the term “costs” means the salary, fees, and hourly rate paid to attorneys, law enforcement, and inspectors for hours spent either investigating or enforcing the charged crime. Costs shall not include the cost, including oversight, to remediate, abate, restore, or otherwise clean-up harms caused by criminal conduct.

Section § 689

Explanation

This law states that a person can't be found guilty of a crime unless it's through a jury's decision, a court's decision when a jury isn't used, or by admitting guilt with a guilty plea.

No person can be convicted of a public offense unless by verdict of a jury, accepted and recorded by the court, by a finding of the court in a case where a jury has been waived, or by a plea of guilty.

Section § 690

Explanation

This law section states that the rules and procedures outlined in Part 2, starting from Section 681, apply to all criminal cases in all court levels. However, there might be exceptions if certain laws have noted jurisdictional limits or if there are special rules for specific courts or types of cases.

The provisions of Part 2 (commencing with Section 681) shall apply to all criminal actions and proceedings in all courts, except where jurisdictional limitations or the nature of specific provisions prevent, or special provision is made for particular courts or proceedings.

Section § 690.5

Explanation

This law says that certain rules about filing and serving documents in civil cases can also be used in criminal cases, unless other specific rules say otherwise.

Additionally, the Judicial Council must create standard rules for how documents should be electronically filed and served in criminal courts across the state.

(a)CA Penal Law Code § 690.5(a) Subdivisions (a) and (e) of Section 1010.6 of the Code of Civil Procedure, pertaining to the permissive filing and service of documents, are applicable to criminal actions, except as otherwise provided in Section 959.1 or any other provision of this code.
(b)CA Penal Law Code § 690.5(b) The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in criminal cases in the trial courts of this state.

Section § 691

Explanation

This section defines specific terms that are used in certain parts of the California Penal Code. A 'competent court' refers to a court with jurisdiction over the crime mentioned. 'Jurisdictional territory' relates to the geographical area a court can exercise criminal jurisdiction over. 'Accusatory pleading' encompasses legal documents like indictments and complaints. 'Prosecuting attorney' includes various titles for attorneys who prosecute crimes for the public. The term 'county' also covers city and county, and city. A 'felony case' involves felonies and sometimes misdemeanors or infractions, while a 'misdemeanor or infraction case' includes only those lesser charges without felonies.

The following words have in Part 2 (commencing with Section 681) the signification attached to them in this section, unless it is otherwise apparent from the context:
(a)CA Penal Law Code § 691(a) The words “competent court” when used with reference to the jurisdiction over any public offense, mean any court the subject matter jurisdiction of which includes the offense so mentioned.
(b)CA Penal Law Code § 691(b) The words “jurisdictional territory” when used with reference to a court, mean the city and county, county, city, township, or other limited territory over which the criminal jurisdiction of the court extends, as provided by law, and in case of a superior court mean the county in which the court sits.
(c)CA Penal Law Code § 691(c) The words “accusatory pleading” include an indictment, an information, an accusation, and a complaint.
(d)CA Penal Law Code § 691(d) The words “prosecuting attorney” include any attorney, whether designated as district attorney, city attorney, city prosecutor, prosecuting attorney, or by any other title, having by law the right or duty to prosecute, on behalf of the people, any charge of a public offense.
(e)CA Penal Law Code § 691(e) The word “county” includes county, city and county, and city.
(f)CA Penal Law Code § 691(f) “Felony case” means a criminal action in which a felony is charged and includes a criminal action in which a misdemeanor or infraction is charged in conjunction with a felony.
(g)CA Penal Law Code § 691(g) “Misdemeanor or infraction case” means a criminal action in which a misdemeanor or infraction is charged and does not include a criminal action in which a felony is charged in conjunction with a misdemeanor or infraction.