Pleadings - Revision history

Sysop at 20:44, 16 January 2026

2026-01-16T20:44:13Z

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	(D) Upon the making of the order that further proceedings not be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.		(D) Upon the making of the order that further proceedings not be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.

			==Demurrer==

			Penal Code section 1012 is for demurring to prior strikes. (''People v. Equarte'' (1986) 42 Cal.3d 456)

Sysop at 18:37, 13 March 2025

2025-03-13T18:37:08Z

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	(4) This section applies as an exception to California Rule of Court 2.550, as provided by paragraph (2) of subdivision (a) of that rule.		(4) This section applies as an exception to California Rule of Court 2.550, as provided by paragraph (2) of subdivision (a) of that rule.

			==Infractions vs misdemeanors==

			Code of Ordinance 1.12.020

			Pursuant to Penal Code Section 836.5, the following officers or employees are authorized to make arrests without warrant, subject to the limitations hereinafter provided, where there is a reasonable cause to believe that the person arrested has violated a statute or ordinance which such officer or employee has the duty to enforce:

			A.The air pollution control officer and his or her designated deputies;

			B.The health officer and environmental health division deputy director or designee;

			C.The director of parks and recreation, his or her deputies, and safety rangers;

			D.The county veterinarian and animal control officers;

			E.The planning director and his or her designated deputies;

			F.Safety rangers;

			G.Director of buildings and grounds, and his or her designated deputies.


			Code of Ordinance 1.16.010

			Any person who violates any of the provisions of this code is guilty of an infraction or a misdemeanor. Every violation determined to be an infraction is punishable by:

			(1)A fine not exceeding one hundred dollars ($100.00) for a first violation;(2)A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year;(3)A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year, unless otherwise prescribed.
			Every violation determined to be a misdemeanor is punishable by a fine of not more than one thousand dollars ($1,000.00) and/or by imprisonment in the county jail for a period of not more than six months, unless otherwise prescribed.

			Code of Ordinance 8.02.040

			A.No person, corporation, association, firm, business or entity shall operate, perform, carry on, conduct or engage in any of the activities delineated in this section without obtaining a health permit and paying the fee listed in this section for the activity and obtaining a receipt therefore from the environmental health division.

			Penal Code 836.5


			(a) A public officer or employee, when authorized by ordinance, may arrest a person without a warrant whenever the officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the presence of the officer or employee that is a violation of a statute or ordinance that the officer or employee has the duty to enforce.

			(b) There shall be no civil liability on the part of, and no cause of action shall arise against, any public officer or employee acting pursuant to subdivision (a) and within the scope of his or her authority for false arrest or false imprisonment arising out of any arrest that is lawful or that the public officer or employee, at the time of the arrest, had reasonable cause to believe was lawful. No officer or employee shall be deemed an aggressor or lose his or her right to self-defense by the use of reasonable force to effect the arrest, prevent escape, or overcome resistance.

			(c) In any case in which a person is arrested pursuant to subdivision (a) and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear, as prescribed by Chapter 5C (commencing with Section 853.5). The provisions of that chapter shall thereafter apply with reference to any proceeding based upon the issuance of a written notice to appear pursuant to this authority.

			(d) The governing body of a local agency, by ordinance, may authorize its officers and employees who have the duty to enforce a statute or ordinance to arrest persons for violations of the statute or ordinance as provided in subdivision (a).

			Penal Code 853.9

			(a) (1) If written notice to appear has been prepared, delivered, and filed by an officer or the prosecuting attorney with the court pursuant to Section 853.6, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead “guilty” or “nolo contendere.”
			(2) If the defendant violates his or her promise to appear in court, or does not deposit lawful bail, or pleads other than “guilty” or “nolo contendere” to the offense charged, a complaint shall be filed which shall conform to the provisions of this code and which shall be deemed to be an original complaint; and thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing, subscribed by him or her and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear.

			(b) Notwithstanding subdivision (a), if the written notice to appear has been prepared on a form approved by the Judicial Council, an exact and legible duplicate copy of the notice when filed with the magistrate shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed.

			Penal Code 853.6

			(a) (1) When a person is arrested for an offense declared to be a misdemeanor, including a violation of a city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g). If the person is released, the officer or the officer’s superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or the officer’s superior determines that the person should be released, the officer or the officer’s superior shall prepare a written notice to appear in a court.

			(e) The officer shall, as soon as practicable, file the duplicate notice, as follows:
			(1) It shall be filed with the magistrate if the offense charged is an infraction.

			(2) It shall be filed with the magistrate if the prosecuting attorney has previously directed the officer to do so.

			(3) (A) The duplicate notice and underlying police reports in support of the charge or charges shall be filed with the prosecuting attorney in cases other than those specified in paragraphs (1) and (2).

			(B) If the duplicate notice is filed with the prosecuting attorney, the prosecuting attorney, within their discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified in the duplicate notice within 25 days from the time of arrest. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear. However, any further prosecution shall be preceded by a new and separate citation or an arrest warrant.

			(C) Upon the filing of the notice with the magistrate by the officer, or the filing of the notice or formal complaint by the prosecutor, the magistrate may fix the amount of bail that in the magistrate’s judgment, in accordance with Section 1275, is reasonable and sufficient for the appearance of the defendant and shall endorse upon the notice a statement signed by the magistrate in the form set forth in Section 815a. The defendant may, prior to the date upon which the defendant promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. At the time the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may, in the magistrate’s discretion, order that further proceedings shall not be had in the case, unless the defendant has been charged with a violation of Section 374.3 or 374.7 of this code or of Section 11357, 11360, or 13002 of the Health and Safety Code, or a violation punishable under Section 5008.7 of the Public Resources Code, and the defendant has previously been convicted of a violation of that section or a violation that is punishable under that section, except when the magistrate finds that undue hardship will be imposed upon the defendant by requiring the defendant to appear, the magistrate may declare the bail forfeited and order that further proceedings not be had in the case.

			(D) Upon the making of the order that further proceedings not be had, all sums deposited as bail shall immediately be paid into the county treasury for distribution pursuant to Section 1463.

Sysop: /* Penal Code section 960= */

2025-03-12T19:28:20Z

Penal Code section 960=

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	Neither a departure from the form or mode prescribed by this Code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice, in respect to a substantial right.		Neither a departure from the form or mode prescribed by this Code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice, in respect to a substantial right.

	==Penal Code section 960===		===Penal Code section 960===

	No accusatory pleading is insufficient, nor can the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form which does not prejudice a substantial right of the defendant upon the merits.		No accusatory pleading is insufficient, nor can the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form which does not prejudice a substantial right of the defendant upon the merits.

Sysop: /* Charging Language */

2025-02-17T02:47:31Z

Charging Language

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	===Penal Code section 958===		===Penal Code section 958===
	Words used in a statute to define a public offense need not be strictly pursued in the accusatory pleading, but other words conveying the same meaning may be used.		Words used in a statute to define a public offense need not be strictly pursued in the accusatory pleading, but other words conveying the same meaning may be used.

			===Penal Code section 1404===

			Neither a departure from the form or mode prescribed by this Code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice, in respect to a substantial right.

	==Penal Code section 960===		==Penal Code section 960===

Sysop: /* Charging Language */

2025-02-17T02:46:52Z

Charging Language

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	But see ''Ross v. Municipal Court'' (1975) 49 Cal.App.3d 575 [overrruling demurrer for not specifying specific controlled substance in complaint for HSC11550].		But see ''Ross v. Municipal Court'' (1975) 49 Cal.App.3d 575 [overrruling demurrer for not specifying specific controlled substance in complaint for HSC11550].

			Information need not state which degree of burglary. (''People v. Nunez'' (1970) 7 Cal.App.3d 655.)

	===Penal Code section 951===		===Penal Code section 951===
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	===Penal Code section 958===		===Penal Code section 958===
	Words used in a statute to define a public offense need not be strictly pursued in the accusatory pleading, but other words conveying the same meaning may be used.		Words used in a statute to define a public offense need not be strictly pursued in the accusatory pleading, but other words conveying the same meaning may be used.

			==Penal Code section 960===

			No accusatory pleading is insufficient, nor can the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form which does not prejudice a substantial right of the defendant upon the merits.

	===Penal Code section 969===		===Penal Code section 969===

Sysop: /* Charging Language */

2025-02-17T02:39:57Z

Charging Language

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	NOTICE: Conviction of this offense will require you to register pursuant to Health and Safety Code § 11590. Failure to do so is a crime pursuant to Health and Safety Code § 11594.		NOTICE: Conviction of this offense will require you to register pursuant to Health and Safety Code § 11590. Failure to do so is a crime pursuant to Health and Safety Code § 11594.

	When describing the type of controlled substance, it is best to state the particular substance at issue.4 Courts have found that a defendant is denied due process when the accusatory pleading simply charges him or her with being under the influence of a controlled substance, but does not designate or describe the substance		When describing the type of controlled substance, it is best to state the particular substance at issue.4

			Courts have found that a defendant is denied due process when the accusatory pleading simply charges him or her with being under the influence of a controlled substance, but does not designate or describe the substance

			But see ''Ross v. Municipal Court'' (1975) 49 Cal.App.3d 575 [overrruling demurrer for not specifying specific controlled substance in complaint for HSC11550].

	===Penal Code section 951===		===Penal Code section 951===

Sysop: /* Accusatory Pleadings */

2025-02-17T00:32:38Z

Accusatory Pleadings

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	Under Vehicle Code 40513, subdivision (a), "Whenever written notice to appear has been prepared, delivered, and filed with the court, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead 'guilty' or 'nolo contendere.'"		Under Vehicle Code 40513, subdivision (a), "Whenever written notice to appear has been prepared, delivered, and filed with the court, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead 'guilty' or 'nolo contendere.'"

			''People v. Barron'' (1995) 37 Cal.App.4th Supp. 1; ''Heidt v. Municipal Court'' (1985) 163 Cal.App.3d 532

	Under Penal Code section 682, "Every public offense must be prosecuted by indictment or information, except: 3. Misdemeanors and infractions;"		Under Penal Code section 682, "Every public offense must be prosecuted by indictment or information, except: 3. Misdemeanors and infractions;"

Sysop: /* Accusatory Pleadings */

2025-02-17T00:27:01Z

Accusatory Pleadings

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	Under Penal Code section 949, "The first pleading on the part of the people in the superior court in a felony case is the indictment, information, or the complaint in any case certified to the superior court under Section 859a. The first pleading on the part of the people in a misdemeanor or infraction case is the complaint except as otherwise provided by law."		Under Penal Code section 949, "The first pleading on the part of the people in the superior court in a felony case is the indictment, information, or the complaint in any case certified to the superior court under Section 859a. The first pleading on the part of the people in a misdemeanor or infraction case is the complaint except as otherwise provided by law."

			Under Vehicle Code 40513, subdivision (a), "Whenever written notice to appear has been prepared, delivered, and filed with the court, an exact and legible duplicate copy of the notice when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead 'guilty' or 'nolo contendere.'"

	Under Penal Code section 682, "Every public offense must be prosecuted by indictment or information, except: 3. Misdemeanors and infractions;"		Under Penal Code section 682, "Every public offense must be prosecuted by indictment or information, except: 3. Misdemeanors and infractions;"

Sysop at 23:50, 16 February 2025

2025-02-16T23:50:18Z

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	"While the wording of accusatory pleadings has been liberalized, prosecutors may still get themselves in trouble by pleading charges in the disjunctive (“or”), instead of in the conjunctive (“and”). For example, the robbery statute prohibits taking of property by “force or fear.” The complaint and information should allege “force and fear” to avoid any uncertainty." (§ 11:5. Form of allegations—Use of statutory language, California Criminal Procedure § 11:5)		"While the wording of accusatory pleadings has been liberalized, prosecutors may still get themselves in trouble by pleading charges in the disjunctive (“or”), instead of in the conjunctive (“and”). For example, the robbery statute prohibits taking of property by “force or fear.” The complaint and information should allege “force and fear” to avoid any uncertainty." (§ 11:5. Form of allegations—Use of statutory language, California Criminal Procedure § 11:5)

			==Complaint vs information and indictment==

			The requirement that the filing of an information be preceded by a preliminary hearing before a magistrate and a commitment by the magistrate based on probable cause is a creature of statute (Pen.Code, ss 737, 738, 872) and is designed to satisfy the due process requirement of the Fourteenth Amendment to the United States Constitution by *834 serving as a substitute for the control on prosecutorial power provided by the Fifth Amendment to the United States Constitution requiring all prosecutions for infamous crimes to proceed by way of grand jury indictment.
			Neither the preliminary hearing nor the proceedings before a grand jury amount to the “institution of criminal proceedings.” They are, instead, inquiries into whether there is available sufficient evidence to warrant the institution of criminal proceedings.

			Reported decisions in cases interpreting Penal Code section 8721 have uniformly held that the “complaint” filed with the magistrate under Penal Code sections 813 and 806 serve only the purpose of providing a basis for the issuance of a warrant of arrest. Once an individual is arrested and is before the magistrate, the “complaint” is functus officio and the magistrate may commit the arrestee on any charge shown by the evidence presented even though such charge is not the one originally alleged in the “complaint.” (People v. Tibbitts, 71 Cal.App. 709, 236 P. 217; People v. Lee Look, 143 Cal. 216, 76 P. 1028; Wells v. Justice Court, 181 Cal.App.2d 221, 5 Cal.Rptr. 204; People v. Storke, 39 Cal.App. 633, 179 P. 527.)

			The “complaint,” as that term is used in Penal Code section 813, is not a formal accusatory pleading filed in a court with trial jurisdiction over the offense. Hence it does not institute a criminal proceeding. It is instead simply the basis for conducting a hearing to determine if probable cause exists to hold the person for trial. (Pen.Code, s 806.)

			People v. Case (1980) 105 Cal.App.3d 826, 833–834

	==Charging Language==		==Charging Language==

Sysop: /* Accusatory Pleadings */

2025-02-16T23:42:42Z

Accusatory Pleadings

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	Under the Sixth Amendment to the United States Constitution, "In all criminal prosecutions, the accused shall enjoy the right . . . to be informed of the nature and cause of the accusation;"		Under the Sixth Amendment to the United States Constitution, "In all criminal prosecutions, the accused shall enjoy the right . . . to be informed of the nature and cause of the accusation;"

			Under Penal Code section 948, "All the forms of pleading in criminal actions, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed by this Code."

	Under Penal Code section 949, "The first pleading on the part of the people in the superior court in a felony case is the indictment, information, or the complaint in any case certified to the superior court under Section 859a. The first pleading on the part of the people in a misdemeanor or infraction case is the complaint except as otherwise provided by law."		Under Penal Code section 949, "The first pleading on the part of the people in the superior court in a felony case is the indictment, information, or the complaint in any case certified to the superior court under Section 859a. The first pleading on the part of the people in a misdemeanor or infraction case is the complaint except as otherwise provided by law."