(a)When the defendant first appears for arraignment on a charge of having committed a public offense, the magistrate shall immediately inform the defendant of the charge against him or her, and of his or her right to the aid of counsel in every stage of the proceedings.
(b)If it appears that the defendant may be a minor, the magistrate shall ascertain whether that is the case, and if the magistrate concludes that it is probable that the defendant is a minor, and unless the defendant is a member of the Armed Forces of the United States and the offense charged is a misdemeanor, he or she shall immediately either notify the parent or guardian of the minor
of the arrest or appoint counsel to represent the minor.
(c)For the purposes of this section, the Judicial Council shall revise its military service form to include information explaining the rights under Section 1170.9 and related statutes of individuals who have active duty or veteran status and shall include a space for the local court to provide the contact information for the county veterans service office. For purposes of this section, “active duty or veteran status” includes active military duty service, reserve duty status, national guard service, and veteran status.
(d)The court shall inform the defendant that there are certain provisions of law specifically designed for individuals who have active duty or veteran status and who have been charged with a crime. The court shall inform the defendant that if the defendant is on active duty in the United States military, or
is a veteran of the United States military, the defendant may request a copy of the Judicial Council military form that explains those rights and may file that form with the court so that the defendant’s active duty or veteran status is on file with the court. The court shall advise the defendant that the defendant should consult with counsel prior to submitting the form and that the defendant may, without penalty, decline to provide this information to the court.
(e)If the defendant acknowledges active duty or veteran status and submits the Judicial Council military service form to the court, the defendant shall file the form with the court and serve the form on the prosecuting attorney and defense counsel. The form may be used to assist in determining eligibility for services pursuant to Section 1170.9. The court shall transmit a copy
of the form to the county veterans service officer for confirmation of the defendant’s military service. The court shall also transmit a copy of the form to the Department of Veterans Affairs.
Notes of Decisions
Rothgery v. Gillespie Cnty., 554 U.S. 191 (2008).
· cites it 2× “2d 329 (1996); (4) California: see Cal. Penal Code §§858 , 859 (West Supp. 2008); In re Johnson, 62 Cal.”
People v. Terry, 370 P.2d 985 (Cal. 1962).
· cites it 4× “Defendants were arraigned; their motions to quash (Pen. Code, § 858) and to dismiss (Pen. Code, § 995) were denied.”
People v. Slaughter, 677 P.2d 854 (Cal. 1984).
· cites it 2× “These statutes require a magistrate to conduct a preliminary examination (§ 860) and to determine, "after hearing the proofs" (§ 871), whether "a public offense has been committed" and whether "there is sufficient cause to believe the defendant guilty thereof.”
In Re Johnson, 398 P.2d 420 (Cal. 1965).
· cites it 2× “) Implementing this constitutional declaration, Penal Code section 858 requires that “When the defendant is brought before the magistrate upon an arrest, either with or without a warrant, on a charge of having committed a public offense, the magistrate must immediately inform…”
People v. Lopez, 384 P.2d 16 (Cal. 1963).
· cites it 2× “Before trial, defendants moved to suppress the testimonies of the eyewitnesses who appeared at the police show-up on the ground that the procedure at the show-up denied defendants the right to have counsel present at that stage of the investigation and, hence, disqualified the…”
State v. Edmonson, 743 P.2d 459 (Idaho 1987).
· cites it 2× “ng said that, the California court proceeds to rationally and soundly justify its conclusion that an accused is denied equal protection of the law when prosecuted by indictment and deprived of a preliminary hearing and the concomitant rights which attach when prosecution is by…”
Johnson v. Superior Court, 539 P.2d 792 (Cal. 1975).
· cites it 2× “If prosecution is begun by information the accused immediately becomes entitled to an impressive array of procedural rights, including a preliminary hearing before a neutral and legally knowledgeable magistrate, representation by retained or appointed counsel, the confrontation…”
Franklin v. Tackett, 433 S.E.2d 710 (Ga. Ct. App. 1993).
· cites it 2× “Penal Code § 858, which applied to civil and misdemeanor cases, is cited as authority.”
People v. Mattson, 336 P.2d 937 (Cal. 1959).
“” (Pen. Code, § 858.) The magistrate, and the superior court before arraignment, must ask defendant “if he desires the aid of counsel,” and if defendant desires and is unable to employ counsel, “must assign counsel to defend him.”
People v. Downer, 372 P.2d 107 (Cal. 1962).
· cites it 2× “(Pen. Code, § 858.) [10] (2) An arrested person has the right to complete a telephone call to an attorney.”
In Re Lopez, 465 P.2d 257 (Cal. 1970).
· cites it 2× “(Pen. Code, §§ 858, 859, 987; In re Johnson (1965) supra, 62 Cal.”
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