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Title 6: Pleadings and Proceedings Before Trial | Chapter 1: Of the Arraignment of the Defendant

California Penal Code, Part 2 — Criminal Procedure – 2026

Back to Part Part 2: Of Criminal Procedure ← Previous Part 2: Of Criminal Procedure | Title 5: The Pleadings | Chapter 2: Rules of Pleading Next → Part 2: Of Criminal Procedure | Title 6: Pleadings and Proceedings Before Trial | Chapter 2: Setting Aside the Indictment or Information [995 - 999a]

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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
§ 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 transf… § 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) an… § 977.1 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… § 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 incarc… § 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 wr… § 978 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 t… § 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… § 979 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 pe… § 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 c… § 981 The bench warrant must be substantially in the following form: County of ____. § 982 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… § 983 The bench warrant may be served in any county in the same manner as a warrant of arrest. § 984 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 th… § 985 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 char… § 986 If the defendant is present when the order is made, he must be forthwith committed. § 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 righ… § 987.05 In assigning defense counsel in felony cases, whether it is the public defender or private counsel, the court shall only assign counsel who represents… § 987.1 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… § 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… § 987.3 Whenever in this code a court-appointed attorney is entitled to reasonable compensation and necessary expenses, the judge of the court shall consider … § 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 amo… § 987.9 (a) In the trial of a capital case or a case under subdivision (a) of Section 190. § 988 The arraignment must be made by the court, or by the clerk or prosecuting attorney under its direction, and consists in reading the accusatory pleadin… § 989 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 na… § 990 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… § 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 t… § 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 dev… § 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 …