Terms Used In This Law

  • arrest: Taking physical custody of a person by lawful authority.
  • bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • conviction: A judgement of guilt against a criminal defendant.
  • magistrate: signifies any one of the officers mentioned in Section 808. California Penal Code 7
  • oath: A promise to tell the truth.
  • peace officer: signify any one of the officers mentioned in Chapter 4. California Penal Code 7
  • person: includes a corporation as well as a natural person. California Penal Code 7
  • probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

The arrest of a person may also be lawfully made by any peace officer, without a warrant, upon reasonable information that the accused stands charged in the courts of any other state with a crime punishable by death or imprisonment for a term exceeding one year, or that the person has been convicted of a crime punishable in the state of conviction by imprisonment for a term exceeding one year and thereafter escaped from confinement or violated the terms of his or her bail, probation or parole. When so arrested the accused shall be taken before a magistrate with all practicable speed and complaint shall be made against him or her under oath setting forth the ground for the arrest as in Section 1551.

(Amended by Stats. 1987, Ch. 828, Sec. 104.)