"u.s.a"california penal code

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1213. (a) When a probationary order or a judgment, other than of
death, has been pronounced, a copy of the entry of that portion of
the probationary order ordering the defendant confined in a city or
county jail as a condition of probation, or a copy of the entry of
the judgment, or, if the judgment is for imprisonment in the state
prison, either a copy of the minute order or an abstract of the
judgment as provided in Section 1213.5, certified by the clerk of the
court, and a Criminal Investigation and Identification (CII) number
shall be forthwith furnished to the officer whose duty it is to
execute the probationary order or judgment, and no other warrant or
authority is necessary to justify or require its execution.
(b) If a copy of the minute order is used as the commitment
document, the first page or pages shall be identical in form and
content to that prescribed by the Judicial Council for an abstract of
judgment, and other matters as appropriate may be added thereafter.



1213.5. The abstract of judgment provided for in Section 1213 shall
be prescribed by the Judicial Council.



1214. (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or Section
13967 of the Government Code, as operative on or before September 28,
1994, with or without imprisonment, or a diversion restitution fee
ordered pursuant to Section 1001.90, the judgment may be enforced in
the manner provided for the enforcement of money judgments generally.
Any portion of a restitution fine or restitution fee that remains
unsatisfied after a defendant is no longer on probation or parole or
has completed diversion is enforceable by the California Victim
Compensation and Government Claims Board pursuant to this section.
Notwithstanding any other provision of law prohibiting disclosure,
the state, as defined in Section 900.6 of the Government Code, a
local public entity, as defined in Section 900.4 of the Government
Code, or any other entity, may provide the California Victim
Compensation and Government Claims Board any and all information to
assist in the collection of unpaid portions of a restitution fine for
terminated probation or parole cases, or of a restitution fee for
completed diversion cases. For purposes of the preceding sentence,
"state, as defined in Section 900.6 of the Government Code," and "any
other entity" shall not include the Franchise Tax Board.
(b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (4) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (5) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (7) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity of
the information contained within the defendant's financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board with a
certified copy of any order imposing a restitution fine or order and
a copy of the defendant's disclosure pursuant to paragraph (4) of
subdivision (f) of Section 1202.4, affidavit or information pursuant
to paragraph (5) of subdivision (f) of Section 1202.4, or report
pursuant to paragraph (7) of subdivision (f) of Section 1202.4. A
victim shall have access to all resources available under the law to
enforce the restitution order, including, but not limited to, access
to the defendant's financial records, use of wage garnishment and
lien procedures, information regarding the defendant's assets, and
the ability to apply for restitution from any fund established for
the purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation or parole is enforceable by the victim pursuant
to this section. Victims and the California Victim Compensation and
Government Claims Board shall inform the court whenever an order to
pay restitution is satisfied.
(c) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 in any of the following cases may be
enforced in the same manner as a money judgment in a limited civil
case:
(1) In a misdemeanor case.
(2) In a case involving violation of a city or town ordinance.
(3) In a noncapital criminal case where the court has received a
plea of guilty or nolo contendere.
(d) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to a
judgment for any fine or restitution ordered pursuant to Section
1202.4 or Section 1203.04 as operative on or before August 2, 1995,
or Section 13967 of the Government Code, as operative on or before
September 28, 1994, or to a diversion restitution fee ordered
pursuant to Section 1001.90.



1214.1. (a) In addition to any other penalty in infraction,
misdemeanor, or felony cases, the court may impose a civil assessment
of up to three hundred dollars ($300) against any defendant who
fails, after notice and without good cause, to appear in court for
any proceeding authorized by law or who fails to pay all or any
portion of a fine ordered by the court or to pay an installment of
bail as agreed to under Section 40510.5 of the Vehicle Code. This
assessment shall be deposited in the Trial Court Trust Fund, as
provided in Section 68085.1 of the Government Code.
(b) The assessment shall not become effective until at least 10
calendar days after the court mails a warning notice to the defendant
by first-class mail to the address shown on the notice to appear or
to the defendant's last known address. If the defendant appears
within the time specified in the notice and shows good cause for the
failure to appear or for the failure to pay a fine or installment of
bail, the court shall vacate the assessment.
(c) If a civil assessment is imposed under this section, no bench
warrant or warrant of arrest shall be issued with respect to the
failure to appear at the proceeding for which the assessment is
imposed or the failure to pay the fine or installment of bail. An
outstanding, unserved bench warrant or warrant of arrest for a
failure to appear or for a failure to pay a fine or installment of
bail shall be recalled prior to the subsequent imposition of a civil
assessment.
(d) The assessment imposed under subdivision (a) shall be subject
to the due process requirements governing defense and collection of
civil money judgments generally.
(e) Each court and county shall maintain the collection program
that was in effect on July 1, 2005, unless otherwise agreed to by the
court and county. If a court and a county do not agree on a plan for
the collection of civil assessments imposed pursuant to this
section, or any other collections under Section 1463.010, after the
implementation of Sections 68085.6 and 68085.7 of the Government
Code, the court or the county may request arbitration by a third
party mutually agreed upon by the Administrative Director of the
Courts and the California State Association of Counties.



1214.2. (a) Except as provided in subdivision (c), if a defendant
is ordered to pay a fine as a condition of probation, the order to
pay a fine may be enforced during the term of probation in the same
manner as is provided for the enforcement of money judgments.
(b) Except as provided in subdivision (c), an order to pay a fine
as a condition of probation may also be enforced as follows:
(1) With respect to a willful failure to pay during the term of
probation, in the same manner as a violation of the terms and
conditions of probation.
(2) If any balance remains unpaid at the end of the term of
probation, in the same manner as a judgment in a civil action.
(c) If an order to pay a fine as a condition of probation is
stayed, a writ of execution shall not issue until the stay is lifted.




1214.5. (a) In any case in which the defendant is ordered to pay
more than fifty dollars ($50) in restitution as a condition of
probation, the court may, as an additional condition of probation
since the court determines that the defendant has the ability to pay,
as defined in Section 1203.1b(b), order the defendant to pay
interest at the rate of 10 percent per annum on the principal amount
remaining unsatisfied.
(b) (1) Except as provided in paragraph (2), interest commences to
accrue on the date of entry of the judgment or order.
(2) Unless the judgment or order otherwise provides, if
restitution is payable in installments, interest commences to accrue
as to each installment on the date the installment becomes due.




1215. If the judgment is for imprisonment, or a fine and
imprisonment until it be paid, the defendant must forthwith be
committed to the custody of the proper officer and by him or her
detained until the judgment is complied with. Where, however, the
court has suspended sentence, or where, after imposing sentence, the
court has suspended the execution thereof and placed the defendant on
probation, as provided in Section 1203, the defendant, if over the
age of 16 years, shall be placed under the care and supervision of
the probation officer of the court committing him or her, until the
expiration of the period of probation and the compliance with the
terms and conditions of the sentence, or of the suspension thereof.
Where, however, the probation has been terminated as provided in
Section 1203, and the suspension of the sentence, or of the execution
revoked, and the judgment pronounced, the defendant shall be
committed to the custody of the proper officer and be detained until
the judgment be complied with.


1216. If the judgment is for imprisonment in the state prison, the
sheriff of the county shall, upon receipt of a certified abstract or
minute order thereof, take and deliver the defendant to the warden of
the state prison. The sheriff also shall deliver to the warden the
certified abstract of the judgment or minute order, a Criminal
Investigation and Identification (CII) number, a Confidential
Medical/Mental Health Information Transfer Form indicating that the
defendant is medically capable of being transported, and take from
the warden a receipt for the defendant.



1217. When judgment of death is rendered, a commitment signed by
the judge, and attested by the clerk under the seal of the court must
be drawn and delivered to the sheriff. It must state the conviction
and judgment, and must direct the sheriff to deliver the defendant,
within 10 days from the time of judgment, to the warden of the State
prison of this State designated by the State Board of Prison
Directors for the execution of the death penalty, to be held pending
the decision upon his appeal.



1218. The judge of the court at which a judgment of death is had,
must, immediately after the judgment, transmit to the Governor, by
mail or otherwise, a statement of the conviction and judgment, and a
complete transcript of all the testimony given at the trial including
any arguments made by respective counsel and a copy of the clerk's
transcript.



1219. The Governor may thereupon require the opinion of the
Justices of the Supreme Court and of the Attorney General, or any of
them, upon the statement so furnished.



1227. If for any reason other than the pendency of an appeal
pursuant to subdivision (b) of Section 1239 of this code a judgment
of death has not been executed, and it remains in force, the court in
which the conviction was had shall, on application of the district
attorney, or may upon its own motion, make and cause to be entered an
order appointing a day upon which the judgment shall be executed,
which must not be less than 30 days nor more than 60 days from the
time of making such order; and immediately thereafter, a certified
copy of such order, attested by the clerk, under the seal of the
court, shall, for the purpose of execution, be transmitted by
registered mail to the warden of the state prison having the custody
of the defendant; provided, that if the defendant be at large, a
warrant for his apprehension may be issued, and upon being
apprehended, he shall be brought before the court, whereupon the
court shall make an order directing the warden of the state prison to
whom the sheriff is instructed to deliver the defendant to execute
the judgment at a specified time, which shall not be less than 30
days nor more than 60 days from the time of making such order.
From an order fixing the time for and directing the execution of
such judgment as herein provided, there shall be no appeal.



1227.5. Notwithstanding Section 1227, where a judgment of death has
not been executed by reason of a stay or reprieve granted by the
Governor, the execution shall be carried out on the day immediately
after the period of the stay or reprieve without further judicial
proceedings.[/align]

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APPEALS, WHEN ALLOWED AND HOW TAKEN, AND THE EFFECT
THEREOF



1235. (a) Either party to a felony case may appeal on questions of
law alone, as prescribed in this title and in rules adopted by the
Judicial Council. The provisions of this title apply only to such
appeals.
(b) An appeal from the judgment or appealable order in a felony
case is to the court of appeal for the district in which the court
from which the appeal is taken is located.



1236. The party appealing is known as the appellant, and the
adverse party as the respondent, but the title of the action is not
changed in consequence of the appeal.



1237. An appeal may be taken by the defendant:
(a) From a final judgment of conviction except as provided in
Section 1237.1 and Section 1237.5. A sentence, an order granting
probation, or the commitment of a defendant for insanity, the
indeterminate commitment of a defendant as a mentally disordered ***
offender, or the commitment of a defendant for controlled substance
addiction shall be deemed to be a final judgment within the meaning
of this section. Upon appeal from a final judgment the court may
review any order denying a motion for a new trial.
(b) From any order made after judgment, affecting the substantial
rights of the party.



1237.1. No appeal shall be taken by the defendant from a judgment
of conviction on the ground of an error in the calculation of
presentence custody credits, unless the defendant first presents the
claim in the trial court at the time of sentencing, or if the error
is not discovered until after sentencing, the defendant first makes a
motion for correction of the record in the trial court.



1237.5. No appeal shall be taken by the defendant from a judgment
of conviction upon a plea of guilty or nolo contendere, or a
revocation of probation following an admission of violation, except
where both of the following are met:
(a) The defendant has filed with the trial court a written
statement, executed under oath or penalty of perjury showing
reasonable constitutional, jurisdictional, or other grounds going to
the legality of the proceedings.
(b) The trial court has executed and filed a certificate of
probable cause for such appeal with the clerk of the court.



1238. (a) An appeal may be taken by the people from any of the
following:
(1) An order setting aside all or any portion of the indictment,
information, or complaint.
(2) An order sustaining a demurrer to all or any portion of the
indictment, accusation, or information.
(3) An order granting a new trial.
(4) An order arresting judgment.
(5) An order made after judgment, affecting the substantial rights
of the people.
(6) An order modifying the verdict or finding by reducing the
degree of the offense or the punishment imposed or modifying the
offense to a lesser offense.
(7) An order dismissing a case prior to trial made upon motion of
the court pursuant to Section 1385 whenever such order is based upon
an order granting the defendant's motion to return or suppress
property or evidence made at a special hearing as provided in this
code.
(8) An order or judgment dismissing or otherwise terminating all
or any portion of the action including such an order or judgment
after a verdict or finding of guilty or an order or judgment entered
before the defendant has been placed in jeopardy or where the
defendant has waived jeopardy.
(9) An order denying the motion of the people to reinstate the
complaint or a portion thereof pursuant to Section 871.5.
(10) The imposition of an unlawful sentence, whether or not the
court suspends the execution of the sentence, except that portion of
a sentence imposing a prison term which is based upon a court's
choice that a term of imprisonment (A) be the upper, middle, or lower
term, unless the term selected is not set forth in an applicable
statute, or (B) be consecutive or concurrent to another term of
imprisonment, unless an applicable statute requires that the term be
consecutive. As used in this paragraph, "unlawful sentence" means
the imposition of a sentence not authorized by law or the imposition
of a sentence based upon an unlawful order of the court which strikes
or otherwise modifies the effect of an enhancement or prior
conviction.
(11) An order recusing the district attorney pursuant to Section
1424.
(b) If, pursuant to paragraph (8) of subdivision (a), the people
prosecute an appeal to decision, or any review of such decision, it
shall be binding upon them and they shall be prohibited from refiling
the case which was appealed.
(c) When an appeal is taken pursuant to paragraph (7) of
subdivision (a), the court may review the order granting the
defendant's motion to return or suppress property or evidence made at
a special hearing as provided in this code.
(d) Nothing contained in this section shall be construed to
authorize an appeal from an order granting probation. Instead, the
people may seek appellate review of any grant of probation, whether
or not the court imposes sentence, by means of a petition for a writ
of mandate or prohibition which is filed within 60 days after
probation is granted. The review of any grant of probation shall
include review of any order underlying the grant of probation.



1238.5. Upon appeal by the prosecution pursuant to Section 1238,
where the notice of appeal is filed after the expiration of the time
available to defendant to seek review of an otherwise reviewable
order or ruling and the appeal by the prosecution relates to a matter
decided during the time available to the defendant to seek review of
the otherwise reviewable order or ruling, the time for defendant to
seek such review is reinstated to run from the date the notice of
appeal was filed with proof of service upon defendant or his counsel.

The Judicial Council shall provide by rule for the consolidation
of such petition for review with the prosecution appeal.



1239. (a) Where an appeal lies on behalf of the defendant or the
people, it may be taken by the defendant or his or her counsel, or by
counsel for the people, in the manner provided in rules adopted by
the Judicial Council.
(b) When upon any plea a judgment of death is rendered, an appeal
is automatically taken by the defendant without any action by him or
her or his or her counsel. The defendant's trial counsel, whether
retained by the defendant or court appointed, shall continue to
represent the defendant until completing the additional duties set
forth in paragraph (1) of subdivision (e) of Section 1240.1.



1240. (a) When in a proceeding falling within the provisions of
Section 15421 of the Government Code a person is not represented by a
public defender acting pursuant to Section 27706 of the Government
Code or other counsel and he is unable to afford the services of
counsel, the court shall appoint the State Public Defender to
represent the person except as follows:
(1) The court shall appoint counsel other than the State Public
Defender when the State Public Defender has refused to represent the
person because of conflict of interest or other reason.
(2) The court may, in its discretion, appoint either the State
Public Defender or the attorney who represented the person at his
trial when the person requests the latter to represent him on appeal
and the attorney consents to the appointment. In unusual cases,
where good cause exists, the court may appoint any other attorney.
(3) A court may appoint a county public defender, private
attorney, or nonprofit corporation with which the State Public
Defender has contracted to furnish defense services pursuant to
Government Code Section 15402.
(4) When a judgment of death has been rendered the Supreme Court
may, in its discretion, appoint counsel other than the State Public
Defender or the attorney who represented the person at trial.
(b) If counsel other than the State Public Defender is appointed
pursuant to this section, he may exercise the same authority as the
State Public Defender pursuant to Chapter 2 (commencing with Section
15420) of Part 7 of Division 3 of Title 2 of the Government Code.



1240.1. (a) In any noncapital criminal, juvenile court, or civil
commitment case wherein the defendant would be entitled to the
appointment of counsel on appeal if indigent, it shall be the duty of
the attorney who represented the person at trial to provide counsel
and advice as to whether arguably meritorious grounds exist for
reversal or modification of the judgment on appeal. The attorney
shall admonish the defendant that he or she is not able to provide
advice concerning his or her own competency, and that the State
Public Defender or other counsel should be consulted for advice as to
whether an issue regarding the competency of counsel should be
raised on appeal. The trial court may require trial counsel to
certify that he or she has counseled the defendant as to whether
arguably meritorious grounds for appeal exist at the time a notice of
appeal is filed. Nothing in this section shall be construed to
prevent any person having a right to appeal from doing so.
(b) It shall be the duty of every attorney representing an
indigent defendant in any criminal, juvenile court, or civil
commitment case to execute and file on his or her client's behalf a
timely notice of appeal when the attorney is of the opinion that
arguably meritorious grounds exist for a reversal or modification of
the judgment or orders to be appealed from, and where, in the
attorney's judgment, it is in the defendant's interest to pursue any
relief that may be available to him or her on appeal; or when
directed to do so by a defendant having a right to appeal.
With the notice of appeal the attorney shall file a brief
statement of the points to be raised on appeal and a designation of
any document, paper, pleading, or transcript of oral proceedings
necessary to properly present those points on appeal when the
document, paper, pleading, or transcript of oral proceedings would
not be included in the normal record on appeal according to the
applicable provisions of the California Rules of Court. The
executing of the notice of appeal by the defendant's attorney shall
not constitute an undertaking to represent the defendant on appeal
unless the undertaking is expressly stated in the notice of appeal.
If the defendant was represented by appointed counsel on the trial
level, or if it appears that the defendant will request the
appointment of counsel on appeal by reason of indigency, the trial
attorney shall also assist the defendant in preparing and submitting
a motion for the appointment of counsel and any supporting
declaration or affidavit as to the defendant's financial condition.
These documents shall be filed with the trial court at the time of
filing a notice of appeal, and shall be transmitted by the clerk of
the trial court to the clerk of the appellate court within three
judicial days of their receipt. The appellate court shall act upon
that motion without unnecessary delay. An attorney's failure to file
a motion for the appointment of counsel with the notice of appeal
shall not foreclose the defendant from filing a motion at any time it
becomes known to him or her that the attorney has failed to do so,
or at any time he or she shall become indigent if he or she was not
previously indigent.
(c) The State Public Defender shall, at the request of any
attorney representing a prospective indigent appellant or at the
request of the prospective indigent appellant himself or herself,
provide counsel and advice to the prospective indigent appellant or
attorney as to whether arguably meritorious grounds exist on which
the judgment or order to be appealed from would be reversed or
modified on appeal.
(d) The failure of a trial attorney to perform any duty prescribed
in this section, assign any particular point or error in the notice
of appeal, or designate any particular thing for inclusion in the
record on appeal shall not foreclose any defendant from filing a
notice of appeal on his or her own behalf or from raising any point
or argument on appeal; nor shall it foreclose the defendant or his or
her counsel on appeal from requesting the augmentation or correction
of the record on appeal in the reviewing court.
(e) (1) In order to expedite certification of the entire record on
appeal in all capital cases, the defendant's trial counsel, whether
retained by the defendant or court-appointed, and the prosecutor
shall continue to represent the respective parties. Each counsel's
obligations extend to taking all steps necessary to facilitate the
preparation and timely certification of the record of all trial court
proceedings.
(2) The duties imposed on trial counsel in paragraph (1) shall not
foreclose the defendant's appellate counsel from requesting
additions or corrections to the record on appeal in either the trial
court or the California Supreme Court in a manner provided by rules
of court adopted by the Judicial Council.



1241. In any case in which counsel other than a public defender has
been appointed by the Supreme Court or by a court of appeal to
represent a party to any appeal or proceeding, such counsel shall
receive a reasonable sum for compensation and necessary expenses, the
amount of which shall be determined by the court and paid from any
funds appropriated to the Judicial Council for that purpose. Claim
for the payment of such compensation and expenses shall be made on a
form prescribed by the Judicial Council and presented by counsel to
the clerk of the appointing court. After the court has made its
order fixing the amount to be paid the clerk shall transmit a copy of
the order to the State Controller who shall draw his warrant in
payment thereof and transmit it to the payee.



1242. An appeal taken by the people in no case stays or affects the
operation of a judgment in favor of the defendant, until judgment is
reversed.


1243. An appeal to the Supreme Court or to a court of appeal from a
judgment of conviction stays the execution of the judgment in all
cases where a sentence of death has been imposed, but does not stay
the execution of the judgment or order granting probation in any
other case unless the trial or appellate court shall so order. The
granting or refusal of such an order shall rest in the discretion of
the court, except that a court shall not stay any duty to register as
a *** offender pursuant to Section 290. If the order is made, the
clerk of the court shall issue a certificate stating that the order
has been made.


1244. If the certificate provided for in the preceding section is
filed, the Sheriff must, if the defendant be in his custody, upon
being served with a copy thereof, keep the defendant in his custody
without executing the judgment, and detain him to abide the judgment
on appeal.



1245. If before the granting of the certificate, the execution of
the judgment has commenced, the further execution thereof is
suspended, and upon service of a copy of such certificate the
defendant must be restored, by the officer in whose custody he is, to
his original custody.



1246. The record on appeal shall be made up and filed in such time
and manner as shall be prescribed in rules adopted by the Judicial
Council.

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[هيثم الفقى]

[align=left]1247k. The Judicial Council shall have the power to prescribe by
rules for the practice and procedure on appeal, and for the time and
manner in which the records on such appeals shall be made up and
filed, in all criminal cases in all courts of this state.
The rules shall take effect on July 1, 1943, and thereafter all
laws in conflict therewith shall be of no further force or effect.[/align]

[هيثم الفقى]

[align=left]1248. If the appeal is irregular in any substantial particular, but
not otherwise, the appellate court may order it to be dismissed.[/align]

[هيثم الفقى]

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1252. On an appeal in a criminal case, no continuance shall be
granted upon stipulation of counsel, and no continuance shall be
granted for any longer period than the ends of justice shall require.
On an appeal by a defendant, the appellate court shall, in addition
to the issues raised by the defendant, consider and pass upon all
rulings of the trial court adverse to the State which it may be
requested to pass upon by the Attorney General.



1253. The judgment may be affirmed if the appellant fail to appear,
but can be reversed only after argument, though the respondent fail
to appear.


1254. Upon the argument of the appeal, if the offense is punishable
with death, two counsel must be heard on each side, if they require
it. In any other case the Court may, in its discretion, restrict the
argument to one counsel on each side.



1255. The defendant need not personally appear in the appellate
Court.


1256. It shall be the duty of the district attorney to cooperate
with and assist the attorney general in presenting all criminal
matters on appeal.

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[هيثم الفقى]

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1258. After hearing the appeal, the Court must give judgment
without regard to technical errors or defects, or to exceptions,
which do not affect the substantial rights of the parties.



1259. Upon an appeal taken by the defendant, the appellate court
may, without exception having been taken in the trial court, review
any question of law involved in any ruling, order, instruction, or
thing whatsoever said or done at the trial or prior to or after
judgment, which thing was said or done after objection made in and
considered by the lower court, and which affected the substantial
rights of the defendant. The appellate court may also review any
instruction given, refused or modified, even though no objection was
made thereto in the lower court, if the substantial rights of the
defendant were affected thereby.


1260. The court may reverse, affirm, or modify a judgment or order
appealed from, or reduce the degree of the offense or attempted
offense or the punishment imposed, and may set aside, affirm, or
modify any or all of the proceedings subsequent to, or dependent
upon, such judgment or order, and may, if proper, order a new trial
and may, if proper, remand the cause to the trial court for such
further proceedings as may be just under the circumstances.



1261. When a new trial is ordered it must be directed to be had in
the Court of the county from which the appeal was taken.



1262. If a judgment against the defendant is reversed, such
reversal shall be deemed an order for a new trial, unless the
appellate court shall otherwise direct. If the appellate court
directs a final disposition of the action in the defendant's favor,
the court must, if he is in custody, direct him to be discharged
therefrom; or if on bail that his bail may be exonerated; or if money
or other property was deposited instead of bail, that it be refunded
to the defendant or to the person or persons found by the court to
have deposited said money or other property on behalf of said
defendant. If a judgment against the defendant is reversed and the
case is dismissed, or if the appellate court directs a final
disposition of the action in defendant's favor, and defendant has
theretofore paid a fine in the case, such act shall also be deemed an
order of the court that the fine, including any penalty assessment
thereon, be returned to defendant.


1263. If a judgment against the defendant is affirmed, the original
judgment must be enforced.



1265. (a) After the certificate of the judgment has been remitted
to the court below, the appellate court has no further jurisdiction
of the appeal or of the proceedings thereon, and all orders necessary
to carry the judgment into effect shall be made by the court to
which the certificate is remitted. However, if a judgment has been
affirmed on appeal no motion shall be made or proceeding in the
nature of a petition for a writ of error coram nobis shall be brought
to procure the vacation of that judgment, except in the court which
affirmed the judgment on appeal. When a judgment is affirmed by a
court of appeal and a hearing is not granted by the Supreme Court,
the application for the writ shall be made to the court of appeal.
(b) Where it is necessary to obtain personal jurisdiction of the
defendant in order to carry the judgment into effect, upon a
satisfactory showing that other means such as contact by mail, phone,
or notification by means of the defendant's counsel have failed to
secure the defendant's appearance, the court to which the certificate
has been remitted may issue a bench warrant.[/align]

[هيثم الفقى]

[align=left]
BAIL
In What Cases the Defendant May Be Admitted to

Bail


1268. Admission to bail is the order of a competent Court or
magistrate that the defendant be discharged from actual custody upon
bail.


1269. The taking of bail consists in the acceptance, by a competent
court or magistrate, of the undertaking of sufficient bail for the
appearance of the defendant, according to the terms of the
undertaking, or that the bail will pay to the people of this state a
specified sum. Upon filing, the clerk shall enter in the register of
actions the date and amounts of such bond and the name or names of
the surety or sureties thereon. In the event of the loss or
destruction of such bond, such entries so made shall be prima facie
evidence of the due execution of such bond as required by law.
Whenever any bail bond has been deposited in any criminal action
or proceeding in a municipal or superior court or in any proceeding
in habeas corpus in a superior court, and it is made to appear to the
satisfaction of the court by affidavit or by testimony in open court
that more than three years have elapsed since the exoneration or
release of said bail, the court must direct that such bond be
destroyed.


1269a. Except as otherwise provided by law, no defendant charged in
a warrant of arrest with any public offense shall be discharged from
custody upon bail except upon a written order of a competent court
or magistrate admitting the defendant to bail in the amount specified
in the indorsement referred to in Section 815a, and where an
undertaking is furnished, upon a written order of such court or
magistrate approving the undertaking. All such orders must be signed
by such court or magistrate and delivered to the officer having
custody of the defendant before the defendant is released. Any
officer releasing any defendant upon bail otherwise than as herein
provided shall be guilty of a misdemeanor.



1269b. (a) The officer in charge of a jail in which an arrested
person is held in custody, an officer of a sheriff's department or
police department of a city who is in charge of a jail or is employed
at a fixed police or sheriff's facility and is acting under an
agreement with the agency that keeps the jail in which an arrested
person is held in custody, an employee of a sheriff's department or
police department of a city who is assigned by the department to
collect bail, the clerk of the superior court of the county in which
the offense was alleged to have been committed, and the clerk of the
superior court in which the case against the defendant is pending may
approve and accept bail in the amount fixed by the warrant of
arrest, schedule of bail, or order admitting to bail in cash or
surety bond executed by a certified, admitted surety insurer as
provided in the Insurance Code, to issue and sign an order for the
release of the arrested person, and to set a time and place for the
appearance of the arrested person before the appropriate court and
give notice thereof.
(b) If a defendant has appeared before a judge of the court on the
charge contained in the complaint, indictment, or information, the
bail shall be in the amount fixed by the judge at the time of the
appearance. If that appearance has not been made, the bail shall be
in the amount fixed in the warrant of arrest or, if no warrant of
arrest has been issued, the amount of bail shall be pursuant to the
uniform countywide schedule of bail for the county in which the
defendant is required to appear, previously fixed and approved as
provided in subdivisions (c) and (d).
(c) It is the duty of the superior court judges in each county to
prepare, adopt, and annually revise a uniform countywide schedule of
bail for all bailable felony offenses and for all misdemeanor and
infraction offenses except Vehicle Code infractions. The penalty
schedule for infraction violations of the Vehicle Code shall be
established by the Judicial Council in accordance with Section 40310
of the Vehicle Code.
(d) A court may, by local rule, prescribe the procedure by which
the uniform countywide schedule of bail is prepared, adopted, and
annually revised by the judges. If a court does not adopt a local
rule, the uniform countywide schedule of bail shall be prepared,
adopted, and annually revised by a majority of the judges.
(e) In adopting a uniform countywide schedule of bail for all
bailable felony offenses the judges shall consider the seriousness of
the offense charged. In considering the seriousness of the offense
charged the judges shall assign an additional amount of required bail
for each aggravating or enhancing factor chargeable in the
complaint, including, but not limited to, additional bail for charges
alleging facts that would bring a person within any of the following
sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9,
667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,
12022.6, 12022.7, 12022.8, or 12022.9 of this code, or Section
11356.5, 11370.2, or 11370.4 of the Health and Safety Code.
In considering offenses in which a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, the judge shall assign an additional amount
of required bail for offenses involving large quantities of
controlled substances.
(f) The countywide bail schedule shall contain a list of the
offenses and the amounts of bail applicable for each as the judges
determine to be appropriate. If the schedule does not list all
offenses specifically, it shall contain a general clause for
designated amounts of bail as the judges of the county determine to
be appropriate for all the offenses not specifically listed in the
schedule. A copy of the countywide bail schedule shall be sent to
the officer in charge of the county jail, to the officer in charge of
each city jail within the county, to each superior court judge and
commissioner in the county, and to the Judicial Council.
(g) Upon posting bail, the defendant or arrested person shall be
discharged from custody as to the offense on which the bail is
posted.
All money and surety bonds so deposited with an officer authorized
to receive bail shall be transmitted immediately to the judge or
clerk of the court by which the order was made or warrant issued or
bail schedule fixed. If, in the case of felonies, an indictment is
filed, the judge or clerk of the court shall transmit all of the
money and surety bonds to the clerk of the court.
(h) If a defendant or arrested person so released fails to appear
at the time and in the court so ordered upon his or her release from
custody, Sections 1305 and 1306 apply.



1269c. If a defendant is arrested without a warrant for a bailable
felony offense or for the misdemeanor offense of violating a domestic
violence restraining order, and a peace officer has reasonable cause
to believe that the amount of bail set forth in the schedule of bail
for that offense is insufficient to assure defendant's appearance or
to assure the protection of a victim, or family member of a victim,
of domestic violence, the peace officer shall prepare a declaration
under penalty of perjury setting forth the facts and circumstances in
support of his or her belief and file it with a magistrate, as
defined in Section 808, or his or her commissioner, in the county in
which the offense is alleged to have been committed or having
personal jurisdiction over the defendant, requesting an order setting
a higher bail. The defendant, either personally or through his or
her attorney, friend, or family member, also may make application to
the magistrate for release on bail lower than that provided in the
schedule of bail or on his or her own recognizance. The magistrate
or commissioner to whom the application is made is authorized to set
bail in an amount that he or she deems sufficient to assure the
defendant's appearance or to assure the protection of a victim, or
family member of a victim, of domestic violence, and to set bail on
the terms and conditions that he or she, in his or her discretion,
deems appropriate, or he or she may authorize the defendant's release
on his or her own recognizance. If, after the application is made,
no order changing the amount of bail is issued within eight hours
after booking, the defendant shall be entitled to be released on
posting the amount of bail set forth in the applicable bail schedule.




1270. (a) Any person who has been arrested for, or charged with, an
offense other than a capital offense may be released on his or her
own recognizance by a court or magistrate who could release a
defendant from custody upon the defendant giving bail, including a
defendant arrested upon an out-of-county warrant. A defendant who is
in custody and is arraigned on a complaint alleging an offense which
is a misdemeanor, and a defendant who appears before a court or
magistrate upon an out-of-county warrant arising out of a case
involving only misdemeanors, shall be entitled to an own recognizance
release unless the court makes a finding on the record, in
accordance with Section 1275, that an own recognizance release will
compromise public safety or will not reasonably assure the appearance
of the defendant as required. Public safety shall be the primary
consideration. If the court makes one of those findings, the court
shall then set bail and specify the conditions, if any, whereunder
the defendant shall be released.
(b) Article 9 (commencing with Section 1318) shall apply to any
person who is released pursuant to this section.



1270.1. (a) Before any person who is arrested for any of the
following crimes may be released on bail in an amount that is either
more or less than the amount contained in the schedule of bail for
the offense, or may be released on his or her own recognizance, a
hearing shall be held in open court before the magistrate or judge:
(1) A serious felony, as defined in subdivision (c) of Section
1192.7, or a violent felony, as defined in subdivision (c) of Section
667.5, but not including a violation of subdivision (a) of Section
460 (residential burglary).
(2) A violation of Section 136.1 where punishment is imposed
pursuant to subdivision (c) of Section 136.1, 262, 273.5, 422 where
the offense is punished as a felony, or 646.9.
(3) A violation of paragraph (1) of subdivision (e) of Section
243.
(4) A violation of Section 273.6 if the detained person made
threats to kill or harm, has engaged in violence against, or has gone
to the residence or workplace of, the protected party.
(b) The prosecuting attorney and defense attorney shall be given a
two court-day written notice and an opportunity to be heard on the
matter. If the detained person does not have counsel, the court
shall appoint counsel for purposes of this section only. The hearing
required by this section shall be held within the time period
prescribed in Section 825.
(c) At the hearing, the court shall consider evidence of past
court appearances of the detained person, the maximum potential
sentence that could be imposed, and the danger that may be posed to
other persons if the detained person is released. In making the
determination whether to release the detained person on his or her
own recognizance, the court shall consider the potential danger to
other persons, including threats that have been made by the detained
person and any past acts of violence. The court shall also consider
any evidence offered by the detained person regarding his or her ties
to the community and his or her ability to post bond.
(d) If the judge or magistrate sets the bail in an amount that is
either more or less than the amount contained in the schedule of bail
for the offense, the judge or magistrate shall state the reasons for
that decision and shall address the issue of threats made against
the victim or witness, if they were made, in the record. This
statement shall be included in the record.



1270.2. When a person is detained in custody on a criminal charge
prior to conviction for want of bail, that person is entitled to an
automatic review of the order fixing the amount of the bail by the
judge or magistrate having jurisdiction of the offense. That review
shall be held not later than five days from the time of the original
order fixing the amount of bail on the original accusatory pleading.
The defendant may waive this review.



1270.5. A defendant charged with an offense punishable with death
cannot be admitted to bail, when the proof of his or her guilt is
evident or the presumption thereof great. The finding of an
indictment does not add to the strength of the proof or the
presumptions to be drawn therefrom.



1271. If the charge is for any other offense, he may be admitted to
bail before conviction, as a matter of right.



1272. After conviction of an offense not punishable with death, a
defendant who has made application for probation or who has appealed
may be admitted to bail:
1. As a matter of right, before judgment is pronounced pending
application for probation in cases of misdemeanors, or when the
appeal is from a judgment imposing a fine only.
2. As a matter of right, before judgment is pronounced pending
application for probation in cases of misdemeanors, or when the
appeal is from a judgment imposing imprisonment in cases of
misdemeanors.
3. As a matter of discretion in all other cases, except that a
person convicted of an offense subject to this subdivision, who makes
a motion for release on bail subsequent to a sentencing hearing,
shall provide notice of the hearing on the bail motion to the
prosecuting attorney at least five court days prior to the hearing.




1272.1. Release on bail pending appeal under subdivision (3) of
Section 1272 shall be ordered by the court if the defendant
demonstrates all the following:
(a) By clear and convincing evidence, the defendant is not likely
to flee. Under this subdivision the court shall consider the
following criteria:
(1) The ties of the defendant to the community, including his or
her employment, the duration of his or her residence, the defendant's
family attachments and his or her property holdings.
(2) The defendant's record of appearance at past court hearings or
of flight to avoid prosecution.
(3) The severity of the sentence the defendant faces.
(b) By clear and convincing evidence, the defendant does not pose
a danger to the safety of any other person or to the community.
Under this subdivision the court shall consider, among other
factors, whether the crime for which the defendant was convicted is a
violent felony, as defined in subdivision (c) of Section 667.5.
(c) The appeal is not for the purpose of delay and, based upon the
record in the case, raises a substantial legal question which, if
decided in favor of the defendant, is likely to result in reversal.
For purposes of this subdivision, a "substantial legal question"
means a close question, one of more substance than would be necessary
to a finding that it was not frivolous. In assessing whether a
substantial legal question has been raised on appeal by the
defendant, the court shall not be required to determine whether it
committed error.
In making its decision on whether to grant defendants' motions for
bail under subdivision (3) of Section 1272, the court shall include
a brief statement of reasons in support of an order granting or
denying a motion for bail on appeal. The statement need only include
the basis for the order with sufficient specificity to permit
meaningful review.


1273. If the offense is bailable, the defendant may be admitted to
bail before conviction:
First--For his appearance before the magistrate, on the
examination of the charge, before being held to answer.
Second--To appear at the Court to which the magistrate is required
to return the depositions and statement, upon the defendant being
held to answer after examination.
Third--After indictment, either before the bench warrant is issued
for his arrest, or upon any order of the Court committing him, or
enlarging the amount of bail, or upon his being surrendered by his
bail to answer the indictment in the Court in which it is found, or
to which it may be transferred for trial.
And after conviction, and upon an appeal:
First--If the appeal is from a judgment imposing a fine only, on
the undertaking of bail that he will pay the same, or such part of it
as the appellate Court may direct, if the judgment is affirmed or
modified, or the appeal is dismissed.
Second--If judgment of imprisonment has been given, that he will
surrender himself in execution of the judgment, upon its being
affirmed or modified, or upon the appeal being dismissed, or that in
case the judgment be reversed, and that the cause be remanded for a
new trial, that he will appear in the Court to which said cause may
be remanded, and submit himself to the orders and process thereof.



1274. When the admission to bail is a matter of discretion, the
Court or officer to whom the application is made must require
reasonable notice thereof to be given to the District Attorney of the
county.


1275. (a) In setting, reducing, or denying bail, the judge or
magistrate shall take into consideration the protection of the
public, the seriousness of the offense charged, the previous criminal
record of the defendant, and the probability of his or her appearing
at trial or hearing of the case. The public safety shall be the
primary consideration.
In considering the seriousness of the offense charged, the judge
or magistrate shall include consideration of the alleged injury to
the victim, and alleged threats to the victim or a witness to the
crime charged, the alleged use of a firearm or other deadly weapon in
the commission of the crime charged, and the alleged use or
possession of controlled substances by the defendant.
(b) In considering offenses wherein a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, the judge or magistrate shall consider the
following: (1) the alleged amounts of controlled substances involved
in the commission of the offense, and (2) whether the defendant is
currently released on bail for an alleged violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code.
(c) Before a court reduces bail below the amount established by
the bail schedule approved for the county, in accordance with
subdivisions (b) and (c) of Section 1269b, for a person charged with
a serious felony, as defined in subdivision (c) of Section 1192.7, or
a violent felony, as defined in subdivision (c) of Section 667.5,
the court shall make a finding of unusual circumstances and shall set
forth those facts on the record. For purposes of this subdivision,
"unusual circumstances" does not include the fact that the defendant
has made all prior court appearances or has not committed any new
offenses.


1275.1. (a) Bail, pursuant to this chapter, shall not be accepted
unless a judge or magistrate finds that no portion of the
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution was feloniously obtained.

(b) A hold on the release of a defendant from custody shall only
be ordered by a magistrate or judge if any of the following occurs:
(1) A peace officer, as defined in Section 830, files a
declaration executed under penalty of perjury setting forth probable
cause to believe that the source of any consideration, pledge,
security, deposit, or indemnification paid, given, made, or promised
for its execution was feloniously obtained.
(2) A prosecutor files a declaration executed under penalty of
perjury setting forth probable cause to believe that the source of
any consideration, pledge, security, deposit, or indemnification
paid, given, made, or promised for its execution was feloniously
obtained. A prosecutor shall have absolute civil immunity for
executing a declaration pursuant to this paragraph.
(3) The magistrate or judge has probable cause to believe that the
source of any consideration, pledge, security, deposit, or
indemnification paid, given, made, or promised for its execution was
feloniously obtained.
(c) Once a magistrate or judge has determined that probable cause
exists, as provided in subdivision (b), a defendant bears the burden
by a preponderance of the evidence to show that no part of any
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution was obtained by felonious
means. Once a defendant has met such burden, the magistrate or judge
shall release the hold previously ordered and the defendant shall be
released under the authorized amount of bail.
(d) The defendant and his or her attorney shall be provided with a
copy of the declaration of probable cause filed under subdivision
(b) no later than the date set forth in Section 825.
(e) Nothing in this section shall prohibit a defendant from
obtaining a loan of money so long as the loan will be funded and
repaid with funds not feloniously obtained.
(f) At the request of any person providing any portion of the
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution, the magistrate or judge,
at an evidentiary hearing to determine the source of the funds, may
close it to the general public to protect the person's right to
privacy in his or her financial affairs.
(g) If the declaration, having been filed with a magistrate or
judge, is not acted on within 24 hours, the defendant shall be
released from custody upon posting of the amount of bail set.
(h) Nothing in this code shall deny the right of the defendant,
either personally or through his or her attorney, bail agent licensed
by the Department of Insurance, admitted surety insurer licensed by
the Department of Insurance, friend, or member of his or her family
from making an application to the magistrate or judge for the release
of the defendant on bail.
(i) The bail of any defendant found to have willfully misled the
court regarding the source of bail may be increased as a result of
the willful misrepresentation. The misrepresentation may be a factor
considered in any subsequent bail hearing.
(j) If a defendant has met the burden under subdivision (c), and a
defendant will be released from custody upon the issuance of a bail
bond issued pursuant to authority of Section 1269 or 1269b by any
admitted surety insurer or any bail agent, approved by the Insurance
Commissioner, the magistrate or judge shall vacate the holding order
imposed under subdivision (b) upon the condition that the
consideration for the bail bond is approved by the court.
(k) As used in this section, "feloniously obtained" means any
consideration, pledge, security, deposit, or indemnification paid,
given, made, or promised for its execution which is possessed,
received, or obtained through an unlawful act, transaction, or
occurrence constituting a felony.



1276. (a) A bail bond or undertaking of bail of an admitted surety
insurer shall be accepted or approved by a court or magistrate
without further acknowledgment if executed by a licensed bail agent
of the insurer under penalty of perjury and issued in the name of the
insurer by a person authorized to do so by an unrevoked power of
attorney on file in the office of the clerk of the county in which
the court or magistrate is located.
(b) One person may both execute and issue the bail bond or
undertaking of bail if qualified as provided in this section.




1276.5. (a) At the time of an initial application to a bail bond
licensee for a bail bond which is to be secured by a lien against
real property, the bail bond licensee shall provide the property
owner with a written disclosure statement in the following form:
"DISCLOSURE OF LIEN AGAINST REAL PROPERTY DO NOT SIGN THIS DOCUMENT
UNTIL YOU READ AND UNDERSTAND IT!
THIS BAIL BOND WILL BE SECURED BY REAL PROPERTY YOU OWN OR IN WHICH
YOU HAVE AN INTEREST. THE FAILURE TO PAY THE BAIL BOND PREMIUMS WHEN
DUE OR THE FAILURE OF THE DEFENDANT TO COMPLY WITH THE CONDITIONS OF
BAIL COULD RESULT IN THE LOSS OF YOUR PROPERTY!"

(b) The disclosure required in subdivision (a) shall be made in
14-point bold type by either of the following means:
(1) A separate and specific document attached to or accompanying
the application.
(2) A clear and conspicuous statement on the face of the
application.
(c) The property owner shall be given a completed copy of the
disclosure statement and of the note and deed of trust or other
instrument creating the lien against real property prior to the
execution of any instrument creating a lien against real property.
The failure to fully comply with subdivision (a) or (b), or this
subdivision, shall render the deed of trust or other instrument
creating the lien against real property voidable.
(d) Within 30 days after notice is given by any individual,
agency, or entity to the surety or bail bond licensee of the
expiration of the time for appeal of the order exonerating the bail
bond, or within 30 days after the payment in full of all moneys owed
on the bail bond obligation secured by any lien against real
property, whichever is later in time, the bail bond licensee shall
deliver to the property owner a fully executed and notarized
reconveyance of title, a certificate of discharge, or a full release
of any lien against real property to secure performance of the
conditions of the bail bond. If a timely notice of appeal of the
order exonerating the bail bond is filed with the court, that 30-day
period shall begin on the date the determination of the appellate
court affirming the order exonerating the bail bond becomes final.
Upon the reconveyance, the licensee shall deliver to the property
owner the original note and deed of trust, security agreement, or
other instrument which secures the bail bond obligation. If the
licensee fails to comply with this subdivision, the property owner
may petition the superior court to issue an order directing the clerk
of the superior court to execute a full reconveyance of title, a
certificate of discharge, or a full release of any lien against real
property created to secure performance of the conditions of the bail
bond. The petition shall be verified and shall allege facts showing
that the licensee has failed to comply with this subdivision.
(e) The violation of this section shall make the violator liable
to the person affected by the violation for all damages which that
person may sustain by reason of the violation plus statutory damages
in the sum of three hundred dollars ($300). The property owner shall
be entitled, if he or she prevails, to recover court costs and
reasonable attorney's fees as determined by the court in any action
brought to enforce this section.
[/align]

[هيثم الفقى]

[align=left]
1277. When the defendant has been held to answer upon an
examination for a public offense, the admission to bail may be by the
magistrate by whom he is so held, or by any magistrate who has power
to issue the writ of habeas corpus.


1278. (a) Bail is put in by a written undertaking, executed by two
sufficient sureties (with or without the defendant, in the discretion
of the magistrate), and acknowledged before the court or magistrate,
in substantially the following form:

An order having been made on the ____ day of ____, 20__, by ____,
a judge of the ____ Court of ____ County, that ____ be held to answer
upon a charge of (stating briefly the nature of the offense), upon
which he or she has been admitted to bail in the sum of ____ dollars
($____); we, ____ and ____, of ____ (stating their place of residence
and occupation), hereby undertake that the above-named ____ will
appear and answer any charge in any accusatory pleading based upon
the acts supporting the charge above mentioned, in whatever court it
may be prosecuted, and will at all times hold himself or herself
amenable to the orders and process of the court, and if convicted,
will appear for pronouncement of judgment or grant of probation, or
if he or she fails to perform either of these conditions, that we
will pay to the people of the State of California the sum of ____
dollars ($____) (inserting the sum in which the defendant is admitted
to bail). If the forfeiture of this bond be ordered by the court,
judgment may be summarily made and entered forthwith against the said
(naming the sureties), and the defendant if he or she be a party to
the bond, for the amount of their respective undertakings herein, as
provided by Sections 1305 and 1306.

(b) Every undertaking of bail shall contain the bail agent license
number of the owner of the bail agency issuing the undertaking along
with the name, address, and phone number of the agency, regardless
of whether the owner is an individual, partnership, or corporation.
The bail agency name on the undertaking shall be a business name
approved by the Insurance Commissioner for use by the bail agency
owner, and be so reflected in the public records of the commissioner.
The license number of the bail agent appearing on the undertaking
shall be in the same type size as the name, address, and phone number
of the agency.


1279. The qualifications of bail are as follows:
1. Each of them must be a resident, householder, or freeholder
within the state; but the court or magistrate may refuse to accept
any person as bail who is not a resident of the county where bail is
offered;
2. They must each be worth the amount specified in the
undertaking, exclusive of property exempt from execution, except that
if any of the sureties is not worth the amount specified in the
undertaking, exclusive of property exempt from execution, but owns
any equity in real property, a hearing must be held before the
magistrate to determine the value of such equity. Witnesses may be
called and examined at such hearing and if the magistrate is
satisfied that the value of the equity is equal to twice the amount
of the bond such surety is justified. In any case, the court or
magistrate, on taking bail, may allow more than two sureties to
justify severally in amounts less than that expressed in the
undertaking, if the whole justification be equivalent to that of
sufficient bail.



1280. The bail must in all cases justify by affidavit taken before
the magistrate, that they each possess the qualifications provided in
the preceding section. The magistrate may further examine the bail
upon oath concerning their sufficiency, in such manner as he may deem
proper.


1280a. All affidavits for the justification of bail shall set forth
the amount of the bail undertaking, a notice that the affidavit
shall constitute a lien upon the real property described in the
affidavit immediately upon the recordation of the affidavit with the
county recorder pursuant to Section 1280b, and the legal description
and assessor's parcel numbers of the real estate owned by the bail,
which is scheduled as showing that they each possess the
qualifications provided in the preceding sections, the affidavit
shall also show all encumbrances upon the real estate known to
affiants and shall show the number of bonds, if any, on which each
bail has qualified, within one year before the date of the affidavit,
together with the amount of each such bond, the date on which, the
county in which, and the name of the principal for whom each bond was
executed.
The affidavit shall also state the amount of each bail's liability
on bonds executed in previous years and not exonerated at the date
of the execution of the affidavit and be signed and acknowledged by
the owner of the real property.


1280b. It shall be the duty of the judge or magistrate to file with
the clerk of the court, within 24 hours after presentation to him or
her, all affidavits for the justification of bail, by delivering or
mailing them to the clerk of the court. Certified copies of the
affidavits for justification of bail involving equity in real
property may upon the written order of the judge or magistrate be
recorded with the county recorder.



1280.1. (a) From the time of recording an affidavit for the
justification of bail, the affidavit shall constitute an attachment
lien governed by Sections 488.500, 488.510 and 489.310 of the Code of
Civil Procedure in the amount of the bail undertaking, until
exonerated, released, or otherwise discharged. Any release of the
undertaking shall be effected by an order of the court, filed with
the clerk of the court, with a certified copy of the order recorded
in the office of the county recorder.
(b) If the bail is forfeited and summary judgment is entered,
pursuant to Sections 1305 and 1306, the lien shall have the force and
effect of a judgment lien, by recordation of an abstract of
judgment, which, may be enforced and satisfied pursuant to Section
1306 as well as through the applicable execution process set forth in
Title 9 (commencing with Section 680.010) of Part 2 of the Code of
Civil Procedure.



1281. Upon the allowance of bail and the execution and approval of
the undertaking, the magistrate must, if the defendant is in custody,
make and sign an order for his discharge, upon the delivery of which
to the proper officer the defendant must be discharged.



1281a. A judge of the superior court within the county, wherein a
cause is pending against any person charged with a felony, may
justify and approve bail in the said cause, and may execute an order
for the release of the defendant which shall authorize the discharge
of the defendant by any officer having said defendant in custody.[/align]

[هيثم الفقى]

[align=left]


1284. When the offense charged is not punishable with death, the
officer serving the bench warrant must, if required, take the
defendant before a magistrate in the county in which it is issued, or
in which he is arrested, for the purpose of giving bail. If the
defendant appears before such magistrate without the bench warrant
having been served upon him, the magistrate shall deliver him into
the custody of the sheriff for the purpose of immediate booking and
the recording of identification data, whereupon the sheriff shall
deliver the defendant back before the magistrate for the purpose of
giving bail.


1285. If the offense charged is punishable with death, the officer
arresting the defendant must deliver him into custody, according to
the command of the bench warrant.



1286. When the defendant is so delivered into custody he must be
held by the Sheriff, unless admitted to bail on examination upon a
writ of habeas corpus.


1287. (a) The bail shall be put in by a written undertaking,
executed by two sufficient sureties (with or without the defendant,
in the discretion of the court or magistrate), and acknowledged
before the court or magistrate, in substantially the following form:

An indictment having been found on the ____ day of ____, 20__, in
the Superior Court of the County of ____, charging ____ with the
crime of ____ (designating it generally) and he or she having been
admitted to bail in the sum of ____ dollars ($____), we, ____ and
____, of ____ (stating their place of residence and occupation),
hereby undertake that the above-named ____ will appear and answer any
charge in any accusatory pleading based upon the acts supporting the
indictment above mentioned, in whatever court it may be prosecuted,
and will at all times render himself or herself amenable to the
orders and process of the court, and, if convicted, will appear for
pronouncement of judgment or grant of probation; or, if he or she
fails to perform either of these conditions, that we will pay to the
people of the State of California the sum of ____ dollars ($____)
(inserting the sum in which the defendant is admitted to bail). If
the forfeiture of this bond be ordered by the court, judgment may be
summarily made and entered forthwith against the said (naming the
sureties, and the defendant if he or she be a party to the bond), for
the amount of their respective undertakings herein, as provided by
Sections 1305 and 1306.

(b) Every undertaking of bail shall contain the bail agent license
number of the owner of the bail agency issuing the undertaking along
with the name, address, and phone number of the agency, regardless
of whether the owner is an individual, partnership, or corporation.
The bail agency name on the undertaking shall be a business name
approved by the Insurance Commissioner for use by the bail agency
owner, and be so reflected in the public records of the commissioner.
The license number of the bail agent appearing on the undertaking
shall be in the same type size as the name, address, and phone number
of the agency.


1288. The provisions contained in sections 1279, 1280, 1280a and
1281, in relation to bail before indictment, apply to bail after
indictment.


1289. After a defendant has been admitted to bail upon an
indictment or information, the Court in which the charge is pending
may, upon good cause shown, either increase or reduce the amount of
bail. If the amount be increased, the Court may order the defendant
to be committed to actual custody, unless he give bail in such
increased amount. If application be made by the defendant for a
reduction of the amount, notice of the application must be served
upon the District Attorney.[/align]

[هيثم الفقى]

[align=left]1291. In the cases in which defendant may be admitted to bail upon
an appeal, the order admitting him to bail may be made by any
Magistrate having the power to issue a writ of habeas corpus, or by
the Magistrate before whom the trial was had.




1292. The bail must possess the qualifications, and must be put in,
in all respects, as provided in Article II of this Chapter, except
that the undertaking must be conditioned as prescribed in Section
1273, for undertakings of bail on appeal.[/align]