CHAPTER 5. CITATION PROCEDURE

1-5.01 Notice to Appear.

If any person is arrested for the violation of any provision of this Code, violations of which are punishable as misdemeanors, and the person is not immediately taken before a magistrate as provided by the Penal Code of the State, the peace officer shall prepare in duplicate a written notice to appear in court, containing the name and address of the person, the offense charged, and the time and place when and where the person shall appear in court. The time specified in the notice to appear shall be at least five (5) days after the arrest. The place specified in the notice to appear shall be either:

a. Before a judge of a justice court or a municipal court judge within the County in which the offense charged is alleged to have been committed, which judge has jurisdiction of the offense and 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 a justice court or a municipal court judge having jurisdiction of the offense at the County seat, or before a judge at the judicial district in which the offense is alleged to have been committed; or

c. Before an officer authorized by the County to receive a deposit of bail.

The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. The officer shall then forthwith release the person arrested from custody. As soon as practicable, the officer shall file the duplicate notice with the magistrate specified therein. (1204)

1-5.02 Bail.

The magistrate shall then fix the amount of bail which in his judgment, in accordance with Section 1275 of the Penal Code of the State, will be reasonable and sufficient for the appearance of the defendant and shall endorse on the notice a statement signed by him in the form set forth in Section 815a of the Penal Code of the State. The defendant, before the date on which he promised to appear in court, may deposit with the magistrate the amount of bail thus set. Thereafter, at the time 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, in his discretion, order that no further proceedings be had in the case.

On the making of the order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the County treasury for distribution under Section 1463 of the Penal Code of the State. (1204)

1-5.03 Violation of Promise to Appear.

Any person willfully violating his written promise to appear in court shall be guilty of a misdemeanor regardless of the disposition of the charge on which he was originally arrested. (1204)

1-5.04 Warrant for Arrest: Use of.

No warrant shall issue on the charge for arrest of the person who has given his written promise to appear in court unless and until he has violated the promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or has failed to comply with the terms and provisions of the judgment as required by law. (1204)

1-5.05 Warrant for Arrest: Issuance.

The magistrate shall issue and have delivered for execution a warrant for arrest within twenty (20) days after the promised appearance of a person who 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 this chapter.

The magistrate shall issue and have delivered for execution a warrant for arrest within twenty (20) days after the promised appearance of a person who 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. When a 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. (1204)