California Penal Code 1462.2 – Except as otherwise provided in the Vehicle Code, the proper court …
Except as otherwise provided in the Vehicle Code, the proper court for the trial of criminal cases amounting to misdemeanor shall be the superior court of the county within which the offense charged was committed.
If an action or proceeding is commenced in a court other than the court herein designated as the proper court for the trial, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time of pleading, requests an order transferring the action or proceeding to the proper court. If after that request it appears that the action or proceeding was not commenced in the proper court, the court shall order the action or proceeding transferred to the proper court. The judge shall, at the time of arraignment, inform the defendant of the right to be tried in the county where the offense was committed.
Terms Used In California Penal Code 1462.2
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- County: means the county in which the arrest took place. See California Penal Code 1463
- 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.
- Offense: means any infraction, misdemeanor, or felony, and any act by a juvenile leading to an order to pay a financial sanction by reason of the act being defined as an infraction, misdemeanor, or felony, whether defined in this or any other code, except any parking offense as defined in subdivision (i). See California Penal Code 1463
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(Amended by Stats. 2003, Ch. 449, Sec. 35. Effective January 1, 2004.)