mother copper Logo
[ CVC ] [ CCCP ] [ CPC ] [ CEC ] [ CGC ] [ BOR ]

California Penal Code (CPC)

CPC Description Reference
CPC 19.7

California Penal Code Section 19.7 - Preliminary Provisions

Except as otherwise provided by law, all provisions of law
relating to misdemeanors shall apply to infractions including, but
not limited to, powers of peace officers, jurisdiction of courts,
periods for commencing action and for bringing a case to trial and
burden of proof.

onecle.com
CPC 1054.5

California Penal Code Section 1054.5 - Discovery

(a) No order requiring discovery shall be made in criminal
    cases except as provided in this chapter.  This chapter shall be the
    only means by which the defendant may compel the disclosure or
    production of information from prosecuting attorneys, law enforcement
    agencies which investigated or prepared the case against the
    defendant, or any other persons or agencies which the prosecuting
    attorney or investigating agency may have employed to assist them in
    performing their duties.

(b) Before a party may seek court enforcement of any of the
    disclosures required by this chapter, the party shall make an
    informal request of opposing counsel for the desired materials and
    information.  If within 15 days the opposing counsel fails to provide
    the materials and information requested, the party may seek a court
    order.  Upon a showing that a party has not complied with Section
    1054.1 or 1054.3 and upon a showing that the moving party complied
    with the informal discovery procedure provided in this subdivision, a
    court may make any order necessary to enforce the provisions of this
    chapter, including, but not limited to, immediate disclosure,
    contempt proceedings, delaying or prohibiting the testimony of a
    witness or the presentation of real evidence, continuance of the
    matter, or any other lawful order.  Further, the court may advise the
    jury of any failure or refusal to disclose and of any untimely
    disclosure.

(c) The court may prohibit the testimony of a witness pursuant to
    subdivision (b) only if all other sanctions have been exhausted.  The
    court shall not dismiss a charge pursuant to subdivision (b) unless
    required to do so by the Constitution of the United States.

onecle.com
CPC 1382

California Penal Code Section 1382 - Dismissal of the Action for Want of Prosecution or Otherwise

(a) The court, unless good cause to the contrary is shown,
    shall order the action to be dismissed in the following cases:

    (1) When a person has been held to answer for a public offense and
        an information is not filed against that person within 15 days.

    (2) In a felony case, when a defendant is not brought to trial
        within 60 days of the defendant's arraignment on an indictment or
        information, or reinstatement of criminal proceedings pursuant to
        Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, or,
        in case the cause is to be tried again following a mistrial, an order
        granting a new trial from which an appeal is not taken, or an appeal
        from the superior court, within 60 days after the mistrial has been
        declared, after entry of the order granting the new trial, or after
        the filing of the remittitur in the trial court, or after the
        issuance of a writ or order which, in effect, grants a new trial,
        within 60 days after notice of the writ or order is filed in the
        trial court and served upon the prosecuting attorney, or within 90
        days after notice of the writ or order is filed in the trial court
        and served upon the prosecuting attorney in any case where the
        district attorney chooses to resubmit the case for a preliminary
        examination after an appeal or the issuance of a writ reversing a
        judgment of conviction upon a plea of guilty prior to a preliminary
        hearing. However, an action shall not be dismissed under this
        paragraph if either of the following circumstances exist:
        (A) The defendant enters a general waiver of the 60-day trial
            requirement. A general waiver of the 60-day trial requirement
            entitles the superior court to set or continue a trial date without 
            the sanction of dismissal should the case fail to proceed on the date
            set for trial. If the defendant, after proper notice to all parties,
            later withdraws his or her waiver in the superior court, the
            defendant shall be brought to trial within 60 days of the date of
            that withdrawal. If a general time waiver is not expressly entered,
            subparagraph (B) shall apply.
        (B) The defendant requests or consents to the setting of a trial
            date beyond the 60-day period. Whenever a case is set for trial
            beyond the 60-day period by request or consent, expressed or implied,
            of the defendant without a general waiver, the defendant shall be
            brought to trial on the date set for trial or within 10 days
            thereafter.
            Whenever a case is set for trial after a defendant enters either a
            general waiver as to the 60-day trial requirement or requests or
            consents, expressed or implied, to the setting of a trial date beyond
            the 60-day period pursuant to this paragraph, the court may not
            grant a motion of the defendant to vacate the date set for trial and
            to set an earlier trial date unless all parties are properly noticed
            and the court finds good cause for granting that motion.

    (3) Regardless of when the complaint is filed, when a defendant in
        a misdemeanor or infraction case is not brought to trial within 30
        days after he or she is arraigned or enters his or her plea,
        whichever occurs later, if the defendant is in custody at the time of
        arraignment or plea, whichever occurs later, or in all other cases,
        within 45 days after the defendant's arraignment or entry of the
        plea, whichever occurs later, or in case the cause is to be tried
        again following a mistrial, an order granting a new trial from which
        no appeal is taken, or an appeal from a judgment in a misdemeanor or
        infraction case, within 30 days after the mistrial has been declared,
        after entry of the order granting the new trial, or after the
        remittitur is filed in the trial court, or within 30 days after the
        date of the reinstatement of criminal proceedings pursuant to Chapter 6
		(commencing with Section 1367). However, an action shall not be
        dismissed under this subdivision if any of the following
        circumstances exist:
        (A) The defendant enters a general waiver of the 30-day or 45-day
            trial requirement. A general waiver of the 30-day or 45-day trial
            requirement entitles the court to set or continue a trial date
            without the sanction of dismissal should the case fail to proceed on
            the date set for trial. If the defendant, after proper notice to all
            parties, later withdraws his or her waiver, the defendant shall be
            brought to trial within 30 days of the date of that withdrawal. If a
            general time waiver is not expressly entered, subparagraph (B) shall
            apply.
        (B) The defendant requests or consents to the setting of a trial
            date beyond the 30-day or 45-day period. In the absence of an express
            general time waiver from the defendant, the court shall set a trial
            date. Whenever a case is set for trial beyond the 30-day or 45-day
            period by request or consent, expressed or implied, of the defendant
            without a general waiver, the defendant shall be brought to trial on
            the date set for trial or within 10 days thereafter.
        (C) The defendant in a misdemeanor case has been ordered to appear
            on a case set for hearing prior to trial, but the defendant fails to
            appear on that date and a bench warrant is issued, or the case is
            not tried on the date set for trial because of the defendant's
            neglect or failure to appear, in which case the defendant shall be
            deemed to have been arraigned within the meaning of this subdivision
            on the date of his or her subsequent arraignment on a bench warrant
            or his or her submission to the court.

(b) Whenever a defendant has been ordered to appear in superior
    court on a felony case set for trial or set for a hearing prior to
    trial after being held to answer, if the defendant fails to appear on
    that date and a bench warrant is issued, the defendant shall be
    brought to trial within 60 days after the defendant next appears in
    the superior court unless a trial date previously had been set which
    is beyond that 60-day period.

(c) If the defendant is not represented by counsel, the defendant
    shall not be deemed under this section to have consented to the date
    for the defendant's trial unless the court has explained to the
    defendant his or her rights under this section and the effect of his
    or her consent.

onecle.com
CPC 1385

California Penal Code Section 1385 - Dismissal of the Action for Want of Prosecution or Otherwise

(a) The judge or magistrate may, either of his or her own
    motion or upon the application of the prosecuting attorney, and in
    furtherance of justice, order an action to be dismissed.  The reasons
    for the dismissal must be set forth in an order entered upon the
    minutes.  No dismissal shall be made for any cause which would be
    ground of demurrer to the accusatory pleading.

(b) This section does not authorize a judge to strike any prior
    conviction of a serious felony for purposes of enhancement of a
    sentence under Section 667.

(c) (1) If the court has the authority pursuant to subdivision (a)
        to strike or dismiss an enhancement, the court may instead strike
        the additional punishment for that enhancement in the furtherance of
        justice in compliance with subdivision (a).
    (2) This subdivision does not authorize the court to strike the
        additional punishment for any enhancement that cannot be stricken or
        dismissed pursuant to subdivision (a).

onecle.com