When the defendant is acquitted in a misdemeanor or infraction case, if the court certifies in the minutes that the prosecution was malicious and without probable cause, the court may order the complainant to pay the costs of the action, or to give an undertaking to pay the costs within 30 days after the trial.

(Amended by Stats. 1998, Ch. 931, Sec. 413. Effective September 28, 1998.)

Terms Used In California Penal Code 1447

  • Court: means the superior court or a juvenile forum established under §. See California Penal Code 1463
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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