Chapter 1.24
ARREST PROCEDURE*

Sections:

1.24.010    Notice required – Contents – Bail.

1.24.020    Violation of promise to appear – Deemed misdemeanor.

1.24.030    Violation of promise to appear – Issuance of warrant for arrest.

1.24.040    Imprisonment to be in county jail.

*    For statutory provisions regarding citation for misdemeanors, see Penal Code § 853.5 et seq.

1.24.010 Notice required – Contents – Bail.

A. If any person is arrested for a misdemeanor and is not immediately taken before a magistrate as is more fully set forth in the Penal Code of the state, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the place where and when such person shall appear in court.

B. The time specified in the notice to appear must be at least 10 days after such arrest.

C. The place specified in the notice to appear shall be as prescribed by Penal Code Section 853.6.

D. The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person, in order to secure release, must give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody.

E. The officer shall, as soon as practicable, file the duplicate notice with the magistrate as specified therein. Thereupon, the magistrate shall fix the amount of bail which in his judgment, in accordance with the provisions of Section 1275 of the Penal Code of the state, will be reasonable and sufficient for the appearance of the defendant, and shall endorse upon the notice a statement signed by him in the form set forth in Section 815A of the Penal Code of the state. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may in his discretion order that no further proceedings shall be had in such case.

Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code of the state.

F. No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he has violated such promise or has failed to deposit bail; to appear for arraignment, trial or judgment; or to comply with the terms and provisions of the judgment, as required by law. (Ord. 2718 § 1, 1998; prior code § 1.8).

1.24.020 Violation of promise to appear – Deemed misdemeanor.

Any person willfully violating his written promise to appear in court given pursuant to CVMC 1.24.010 is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. (Prior code § 1.9).

1.24.030 Violation of promise to appear – Issuance of warrant for arrest.

A. Whenever any person signs a written promise to appear at the time and place specified in the written promise to appear, in accordance with CVMC 1.24.010, and has not posted bail as provided in CVMC 1.24.010, the magistrate shall issue and have delivered for execution a warrant for his arrest either within 20 days after his failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date on which he promised to appear, then within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense.

B. In accordance with Section 853.3 of the Penal Code of the state, when such person violates his promise to appear before an officer authorized to accept bail other than a magistrate, that officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. (Prior code § 1.10).

1.24.040 Imprisonment to be in county jail.

Any person sentenced to imprisonment for the violation of any provision of this code or any ordinance of the city shall be imprisoned in the county jail. (Prior code § 1.11).