California Penal Code

§ 991

PEN § 991Title 6 · Part 2 · Ch. 1

Statute text

(a)If the defendant is in custody at the time he appears before the magistrate for arraignment and, if the public offense is a misdemeanor to which the defendant has pleaded not guilty, the magistrate, on motion of counsel for the defendant or the defendant, shall determine whether there is probable cause to believe that a public offense has been committed and that the defendant is guilty thereof.

(b)The determination of probable cause shall be made immediately unless the court grants a continuance for good cause not to exceed three court days.

(c)In determining the existence of probable cause, the magistrate shall consider any warrant of arrest with supporting affidavits, and the sworn complaint together with any documents or reports incorporated by reference thereto, which, if based on information and belief, state the basis for such information, or any other documents of similar reliability.

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Legislative history

Added by Stats. 1980, Ch. 1379, Sec. 1.