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Arrest warrant procedure for California

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fortitude

Junior Member
What is the name of your state (only U.S. law)? California.

I have a question about arrest warrant procedure for the state of California. I am not refering to bench warrants, which implies a failure to appear after a particlar court date for a criminal case.

The California penal code section 817 stipulates that an arrest warrant can be issued before a complaint is filed:

817. (a) (1) When a declaration of probable cause is made by a
peace officer of this state, in accordance with subdivision (b) or
(c), the magistrate, if, and only if, satisfied from the declaration
that there exists probable cause that the offense described in the
declaration has been committed and that the defendant described
therein has committed the offense, shall issue a warrant of probable
cause for the arrest of the defendant.
(2) The warrant of probable cause for arrest shall not begin a
complaint process pursuant to Section 740 or 813. The warrant of
probable cause for arrest shall have the same authority for service
as set forth in Section 840 and the same time limitations as that of
an arrest warrant issued pursuant to Section 813.
(b) The declaration in support of the warrant of probable cause
for arrest shall be a sworn statement made in writing. (c) In lieu of the written declaration required in subdivision
(b), the magistrate may take an oral statement under oath under
either of the following conditions:
(1) The oath shall be taken under penalty of perjury and recorded
and transcribed. The transcribed statement shall be deemed to be the
declaration for the purposes of this section. The recording of the
sworn oral statement and the transcribed statement shall be certified
by the magistrate receiving it and shall be filed with the clerk of
the court. In the alternative, the sworn oral statement may be
recorded by a certified court reporter who shall certify the
transcript of the statement, after which the magistrate receiving it
shall certify the transcript, which shall be filed with the clerk of
the court.



Is this always the case with arrest warrants? For example if someone reports to court after learning of the issuance of arrest warrant, and it is later recalled after the appearance is it then that the D.A. makes a decision as whether file fornal charges? What is the period of time that a D.A. must file after a circumstance such as this? thanks!
 



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