Chapter 1.08
ARREST PROCEDURE
Sections:
1.08.010 Notice to appear in court.
1.08.040 Signature of notice required.
1.08.070 Failure to appear – Penalty.
1.08.080 Failure to appear – Warrant issuance.
1.08.010 Notice to appear in court.
If any person is arrested for the violation of any ordinance of this City and such person 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 time and place where and when such person shall appear in court. (Ord. 83 § 1, 1965)
1.08.020 Time to appear.
The time specified in the notice to appear, unless waived, shall be at least 10 days after the arrest. (Ord. 470 § 1, 1982)
1.08.030 Place to appear.
The place specified in the notice to appear shall be either:
(A) Before a judge of a justice court, or municipal court judge within this County who has jurisdiction of the offense and who is nearest and most accessible with reference to the place where the arrest is made; or
(B) Upon demand of the person arrested, before a judge of the municipal court of the Los Angeles Judicial District, or before a judge of a justice court, or municipal court in the judicial district in which the offense is alleged to have been committed; or
(C) Before an officer authorized to receive a deposit of bail. (Ord. 83 § 3, 1965)
1.08.040 Signature of notice required.
The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person, in order to secure a 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. (Ord. 83 § 4, 1965)
1.08.050 Bail forfeiture.
The officer shall, as soon as practicable, file a duplicate notice with the magistrate specified in the notice. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail set by the magistrate. Thereafter, at the time when 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 at 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. (Ord. 83 § 5, 1965)
1.08.060 Warrant issued when.
A warrant shall not issue on such charge for the arrest of a person who pursuant to the provisions of this chapter 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. 83 § 6, 1965)
1.08.070 Failure to appear – Penalty.
Every person wilfully violating his written promise to appear in court is guilty of a misdemeanor regardless of the disposition of the charge upon which he was originally arrested. (Ord. 83 § 7, 1965)
1.08.080 Failure to appear – Warrant issuance.
When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in PMC 1.08.050, the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised. If a 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 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, the magistrate shall issue and have delivered for execution a warrant for his arrest. When the person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the 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. (Ord. 83 § 8, 1965)