Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE / CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer
California Codes

Cal. Penal Code § 866.5 (2026)

Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer

✓ current as of May 2026
Find cases: SyfertCases citing this section CA-LEGleginfo.legislature.ca.gov JustiaCode on Justia CornellLII Search CasesGoogle Scholar

The defendant may not be examined at the examination, unless he is represented by counsel, or unless he waives his right to counsel after being advised at such examination of his right to aid of counsel.

Notes of Decisions
Cited in 8 cases, 1963–1983 · leading case: People v. Fabricant, 91 Cal. App. 3d 706 (Cal. Ct. App. 1979).
Sort: Relevance Newest Treatment
People v. Fabricant, 91 Cal. App. 3d 706 (Cal. Ct. App. 1979). · cites it 2× “" [2] Penal Code section 866.5 provides: "The defendant may not be examined at the examination, unless he is represented by counsel, or unless he waives his right to counsel after being advised at such examination of his right to aid of counsel.”
People v. Lopez, 384 P.2d 16 (Cal. 1963). “Relevant portions of Penal Code section 858 declare: “When the defendant is brought before the magistrate upon an arrest, either with or without warrant, on a charge of having committed a public offense, the magistrate *243 must immediately inform him of the charge against him,…”
Jennings v. Superior Court, 428 P.2d 304 (Cal. 1967). “2d 156 ] ; Pen. Code, § 866.5), when he was not advised by the magistrate, as required by section 859, of his right to such counsel (People v.”
In Re Van Brunt, 242 Cal. App. 2d 96 (Cal. Ct. App. 1966). · cites it 2× “Although it was not necessary to advise him of his right to counsel each time he appeared in court, Penal Code section 866.5 required *106 that when he was brought to court for examination under oath, he be advised of his right to counsel on that occasion and that he waive that…”
In Re Grayson, 242 Cal. App. 2d 110 (Cal. Ct. App. 1966). “(Pen. Code, § 866.5; In re Berry, 43 Cal.2d 838, 843-844 [ 279 P.”
Jackson v. Superior Court, 135 Cal. App. 3d 767 (Cal. Ct. App. 1982). “2d 156 ]; Pen. Code, § 866.5), when he was not advised by the magistrate, as required by section 859, of his right to such counsel (People v.”
Reid v. Superior Court, 140 Cal. App. 3d 624 (Cal. Ct. App. 1983). “; Pen. Code, § 866.5), when he was not advised by the magistrate, as required by section 859, of his right to such counsel (People v.”
In re Johnson, 244 Cal. App. 2d 274 (Cal. Ct. App. 1966). “(See also, Pen. Code, § 866.5; In re Berry, 43 Cal.2d 838, 843-844 [ 279 P.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.