In any case in which a person is arrested for an offense declared to be a misdemeanor and does not demand to be taken before a magistrate, such person may be released according to the procedures set forth by this chapter instead of being taken before a magistrate. If the arresting officer or his superior determines that the person should be released, such officer or superior shall prepare in duplicate a written notice to appear in court, containing the name and address of the arrested person, the offense charged, and the time and place at which such person shall appear in court. If the person is not released prior to being booked, and the officer in charge of the booking or his superior determines that the person should be released, such officer or superior shall prepare such written notice to appear in court.
(prior code § 1200(1); Ord. 316 § 4, 1973)
The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail.
(prior code § 1200(3); Ord. 316 § 4, 1973)
The arresting officer shall deliver one copy of the notice to appear to the arrested person. The arrested person, in order to secure release, must give written promise 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.
(prior code § 1200(4); Ord. 316 § 4, 1973)
The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate may fix the amount of bail which in his judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant, and shall endorse upon the notice a statement signed by him in the form set forth in Section 815a of the Penal Code. The defendant may, prior to the date upon which he has promised to appear in court, deposit with the magistrate the amount of bail thus set. 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 in his discretion order that no further proceedings be had in such case.
Upon the making of an order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code.
(prior code § 1200(5); Ord. 316 § 4, 1973)
No warrant shall issue on a charge for the arrest of a person who has given a 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.
(prior code § 1200(6); Ord. 316 § 4, 1973)
The officer shall indicate on the notice to appear whether he desires the arrested person to be booked, as defined in subdivision 21 of Section 7 of the Penal Code. In such event, before the proceedings are finally concluded, the magistrate shall order the defendant to be booked by the arresting agency.
(prior code § 1200(7); Ord. 316 § 4, 1973)
If the arrested person is not released pursuant to the provisions of this chapter prior to being booked by the arresting agency, then, at the time of booking, the arresting officer, the officer in charge of such booking or his superior officer, or any other person designated by a city or county for this purpose shall make an immediate investigation into the background of the person to determine whether he should be released pursuant to the provisions of this chapter. This investigation shall include, but need not be limited to, the person's name, address, length of residence at that address, length of residence within the state, marital and family status, employment, length of such employment, prior arrest record, and such other facts relating to the person's arrest which would bear on the question of his release pursuant to the provisions of this chapter.
(prior code § 1200(9); Ord. 316 § 4, 1973)
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 Section 1201 of the Penal Code, the magistrate shall issue and have delivered for execution a warrant for his arrest within 20 days after his failure to appear as promised.
(prior code § 1202; Ord. 316 § 4, 1973)
Whenever written notice to appear has been prepared, delivered, and filed with the court pursuant to the provisions of Section 1201 of the Penal Code, an exact and legible duplicate copy of the notice, when filed with the magistrate, in lieu of a verified complaint, shall constitute a complaint to which the defendant may plead "guilty" or "nolo contendere."
If, however, the defendant violates his promise to appear in court, or does not deposit lawful bail, or pleads other than "guilty" or "nolo contendere" to the offense charged, a complaint shall be filed which shall conform to the provisions of the Penal Code, and which shall be deemed to be an original complaint. Thereafter proceedings shall be had as provided by law, except that a defendant may, by an agreement in writing subscribed by him and filed with the court, waive the filing of a verified complaint and elect that the prosecution may proceed upon a written notice to appear.
(prior code § 1203(1); Ord. 316 § 4, 1973)
Notwithstanding the provisions of BGMC § 1.08.100, whenever the written notice to appear has been prepared on a form approved by the judicial council of the state, an exact and legible duplicate copy of the notice, when filed with the magistrate, shall constitute a complaint to which the defendant may enter a plea and, if the notice to appear is verified, upon which a warrant may be issued. If the notice to appear is not verified, the defendant may, at the time of arraignment, request that a verified complaint be filed.
(prior code § 1203(2); Ord. 316 § 4, 1973)