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Title 3: Additional Provisions Regarding Criminal Procedure | Chapter 7: Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer

California Penal Code, Part 2 — Criminal Procedure – 2026

Back to Part Part 2: Of Criminal Procedure ← Previous Part 2: Of Criminal Procedure | Title 3: Additional Provisions Regarding Criminal Procedure | Chapter 6: Retaking After an Escape or Rescue Next → Part 2: Of Criminal Procedure | Title 4: Grand Jury Proceedings | Chapter 1: General Provisions

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Chapter 1: Of Lawful Resistance Chapter 2: Of the Intervention of the Officers of Justice Chapter 3: Security to Keep the Peace Chapter 5: Suppression of Riots Title 2: Mode of Prosecution Title 2.5: Nightcourt Chapter 1: Of the Local Jurisdiction of Public Offenses Chapter 2: Time of Commencing Criminal Actions Chapter 3: Complaints Before Magistrates Chapter 4: The Warrant of Arrest Chapter 4.2: Code Enforcement Officers Chapter 4.5: Peace Officers Chapter 5: Arrest, by Whom and How Made Chapter 5A: Uniform Act on Fresh Pursuit Article 1: Colorado River Crime Enforcement Compact Article 2: California-Nevada Compact for Jurisdiction on Interstate Waters Chapter 5C: Citations for Misdemeanors Chapter 5D: Filing Complaint After Citation Chapter 6: Retaking After an Escape or Rescue Chapter 7: Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer Chapter 1: General Provisions Article 1: Qualifications of Grand Jurors Article 2: Listing and Selection of Grand Jurors Article 3: Jury Commissioners Article 4: Impaneling of Grand Jury Article 1: General Provisions Article 2: Investigation of County, City, and District Affairs Article 3: Legal and Other Assistants for Grand Juries Article 4: Conduct of Investigations Chapter 1: Finding and Presentment of the Indictment Chapter 2: Rules of Pleading Chapter 1: Of the Arraignment of the Defendant Chapter 2: Setting Aside the Indictment or Information [995 - 999a] Chapter 2.2: Career Criminals [999b - 999h] Chapter 2.3: Repeat Sexual Offenders [999i - 999p] Chapter 2.4: Child Abusers [999q - 999y] Chapter 2.5: Special Proceedings in Narcotics and Drug Abuse Cases Chapter 2.55: Deferred Entry of Judgment Pilot Program Chapter 2.6: Deferred Entry of Judgment Reentry Program Chapter 2.65: Child Abuse and Neglect Counseling Chapter 2.7: Misdemeanor Diversion Chapter 2.8: Diversion of Defendants With Cognitive Developmental Disabilities Chapter 2.8A: Diversion of Individuals with Mental Disorders Chapter 2.81: Pretrial Diversion of Traffic Violators Chapter 2.9: Diversion of Misdemeanor Offenders Chapter 2.9A: Bad Check Diversion Chapter 2.9B: Parental Diversion Chapter 2.9C: Military Diversion Program Chapter 2.9D: Theft and Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program Chapter 2.9E: Primary Caregiver Diversion Chapter 2.92: Law Enforcement Assisted Diversion (LEAD) Pilot Program Chapter 2.95: Diversion Restitution Fee Chapter 2.96: Court Initiated Misdemeanor Diversion Chapter 3: Demurrer and Amendment Chapter 4: Plea Chapter 5: Transmission of Certain Indictments and Information Chapter 6: Change of Venue Chapter 7: The Mode of Trial Chapter 8: Formation of the Trial Jury and theCalendar of Issues for Trial Chapter 9: Postponement of the Trial Chapter 10: Discovery Chapter 1: Challenging the Jury Chapter 2: The Trial Chapter 3: Conduct of the Jury After the Cause Is Submitted to Them Chapter 4: The Verdict or Finding Article 1: Initial Sentencing Article 1.5: Recall and Resentencing Chapter 4.8: Pregnant and Parenting Women’s Alternative Sentencing Program Act Chapter 5: Bills of Exception Chapter 6: New Trials Chapter 7: Arrest of Judgment Chapter 1: The Judgment Chapter 1.4: Electronic Monitoring Chapter 1.5: Certification of Drug Diversion Programs Chapter 2: The Execution Chapter 3: California Community Corrections Performance Incentives Chapter 1: Appeals, When Allowed and How Taken, and the Effect Thereof Chapter 1a: Judicial Council Rules [1247k- 1247k.] Chapter 2: Dismissing an Appeal for Irregularity Chapter 3: Argument of the Appeal Chapter 4: Judgment Upon Appeal Article 1: In What Cases the Defendant May Be Admitted to Bail Article 2: Bail Upon Being Held to Answer Before Indictment [1277 - 1281a] Article 3: Bail Upon an Indictment Before Conviction Article 4: Bail on Appeal Article 5: Deposit Instead of Bail Article 5.5: Bail Fugitive Recovery Persons Act Article 6: Exoneration Article 7: Forfeiture of the Undertaking of Bail or of the Deposit of Money Article 8: Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail Article 9: Procedure Relating to Release on Own Recognizance Article 10: Violations Chapter 1.7: Pretrial Risk Assessment Tool Validation Chapter 2: Who May Be Witnesses in Criminal Actions Chapter 3: Compelling the Attendance of Witnesses Chapter 3a: Attendance of Witnesses Outside the State Chapter 4: Examination of Witnesses Conditionally Chapter 4.5: Examination of Victims of Sexual Crimes Chapter 5: Examination of Witnesses on Commission Chapter 6: Inquiry into the Competence of the Defendant Before Trial or After Conviction Chapter 7: Compromising Certain Public Offenses by Leave of the Court Chapter 8: Dismissal of the Action for Want of Prosecution or Otherwise Chapter 8.5: Agreement on Detainers Chapter 9: Proceedings Against Corporations Chapter 10: Entitling Affidavits Chapter 11: Errors and Mistakes in Pleadings and Other Proceedings Chapter 12: Disposal of Property Stolen or Embezzled Chapter 13: Disposition of Evidence in Criminal Cases Chapter 14: Disposition of Unclaimed Money Held by District Attorney or Court Clerk Chapter 15: Disqualification of Prosecuting Attorneys Chapter 1: Proceedings in Misdemeanor and Infraction Cases Chapter 2: Appeals In Misdemeanor and Infraction Cases Chapter 3: Transfer of Misdemeanor and Infraction Appeals Chapter 1: Of the Writ of Habeas Corpus Chapter 2: Pretrial Review Chapter 3: Of Search Warrants Chapter 3.5: Disclosure of Medical Records to Law Enforcement Agencies Chapter 3.6: Electronic Communications Privacy Act Chapter 4: Proceedings Against Fugitives From Justice Chapter 5: Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature Title 13: Proceedings for Bringing Persons Imprisoned in the State Prison, or the Jail of Another County, Before a Court Title 15: Outpatient Status for Mentally Disordered and Developmentally Disabled Offenders
§ 858 (a) When the defendant first appears for arraignment on a charge of having committed a public offense, the magistrate shall immediately inform the def… § 858.5 (a) In any case in which a defendant is, on his demand, brought before a magistrate pursuant to Section 822 after arrest for a misdemeanor Vehicle Cod… § 858.7 (a) In any case in which the defendant has been convicted of a misdemeanor and is serving a sentence as a result of such conviction and there has been… § 859 When the defendant is charged with the commission of a felony by a written complaint subscribed under oath and on file in a court within the county in… § 859.1 (a) In any criminal proceeding in which the defendant is charged with any offense specified in Section 868. § 859.5 (a) Except as otherwise provided in this section, a custodial interrogation of any person, including an adult or a minor, who is in a fixed place of d… § 859.7 (a) All law enforcement agencies and prosecutorial entities shall adopt regulations for conducting photo lineups and live lineups with eyewitnesses. § 859a (a) If the public offense charged is a felony not punishable with death, the magistrate shall immediately upon the appearance of counsel for the defen… § 859b At the time the defendant appears before the magistrate for arraignment, if the public offense is a felony to which the defendant has not pleaded guil… § 859c Procedures under this code that provide for superior court review of a challenged ruling or order made by a superior court judge or a magistrate shall… § 860 At the time set for the examination of the case, if the public offense is a felony punishable with death, or is a felony to which the defendant has no… § 861 (a) The preliminary examination shall be completed at one session or the complaint shall be dismissed, unless the magistrate, for good cause shown by … § 861.5 Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the … § 862 If a postponement is had, the magistrate must commit the defendant for examination, admit him to bail or discharge him from custody upon the deposit o… § 863 The commitment for examination is made by an indorsement, signed by the magistrate on the warrant of arrest, to the following effect: “The within name… § 864 At the examination, the magistrate must first read to the defendant the depositions of the witnesses examined on taking the information. § 865 The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf. § 866 (a) When the examination of witnesses on the part of the people is closed, any witness the defendant may produce shall be sworn and examined. § 866.5 The defendant may not be examined at the examination, unless he is represented by counsel, or unless he waives his right to counsel after being advise… § 867 While a witness is under examination, the magistrate shall, upon motion of either party, exclude all potential and actual witness who have not been ex… § 868 The examination shall be open and public. § 868.4 (a) If requested by either party in a criminal or juvenile hearing, and if a therapy or facility dog is available to the party within the jurisdiction… § 868.5 (a) Notwithstanding any other law, a prosecuting witness in a case involving a violation or attempted violation of Section 187, 203, 205, or 207, subd… § 868.6 (a) It is the purpose of this section to provide a nonthreatening environment for minors involved in the judicial system in order to better enable the… § 868.7 (a) Notwithstanding any other provision of law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Se… § 868.8 Notwithstanding any other provision of law, in any criminal proceeding in which the defendant is charged with a violation or attempted violation of su… § 869 The testimony of each witness in cases of homicide shall be reduced to writing, as a deposition, by the magistrate, or under his or her direction, and… § 870 The magistrate or his or her clerk shall keep the depositions taken on the information or the examination, until they are returned to the proper court… § 871 If, after hearing the proofs, it appears either that no public offense has been committed or that there is not sufficient cause to believe the defenda… § 871.5 (a) When an action is dismissed by a magistrate pursuant to Section 859b, 861, 871, 1008, 1381, 1381. § 871.6 If in a felony case the magistrate sets the preliminary examination beyond the time specified in Section 859b, in violation of Section 859b, or contin… § 872 (a) If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe that the defendant… § 872.5 Notwithstanding Article 1 (commencing with Section 1520) of Chapter 2 of Division 11 of the Evidence Code, in a preliminary examination the content of… § 873 If the offense is not bailable, the following words must be added to the indorsement: “And he is hereby committed to the Sheriff of the County of ____… § 875 If the offense is bailable, and the defendant is admitted to bail, the following words must be added to the order, “and that he be admitted to bail in… § 876 If the magistrate order the defendant to be committed, he must make out a commitment, signed by him, with his name of office, and deliver it, with the… § 877 The commitment must be to the following effect except when it is made under the provisions of section 859a of this code. § 877a When the commitment is made under the provisions of section 859a of this code, it must be made to the following effect: County of ____ (as the case ma… § 878 On holding the defendant to answer or on a plea of guilty where permitted by law, the magistrate may take from each of the material witnesses examined… § 879 When the magistrate or a Judge of the Court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that any su… § 880 Infants who are material witnesses against the defendant may be required to procure sureties for their appearance, as provided in the last section. § 881 (a) If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for … § 882 When, however, it satisfactorily appears by examination, on oath of the witness, or any other person, that the witness is unable to procure sureties, … § 883 When a magistrate has discharged a defendant, or has held him to answer, he must return, without delay, to the Clerk of the Court at which the defenda…