Criminal Rules
Current through July 1, 2025
Chapter 1 · General Provisions
Chapter 2 · Pretrial
- 4.100 Arraignments
- 4.101 Bail in criminal cases
- 4.102 Uniform bail and penalty schedules-traffic, boating, fish and game, forestry, public utilities, parks and recreation, business licensing Deadlines
- 4.103 Notice to appear forms
- 4.104 Procedures and eligibility criteria for attending traffic violator school Deadlines
- 4.105 Appearance without deposit of bail in infraction cases
- 4.106 Failure to appear or failure to pay for a Notice to Appear issued for an infraction offense
- 4.107 Mandatory reminder notice―infraction cases
- 4.108 Installment Payment Agreements
- 4.110 Time limits for criminal proceedings on information or indictment Deadlines
- 4.111 Pretrial motions in criminal cases Deadlines
- 4.112 Readiness conference Deadlines
- 4.113 Motions and grounds for continuance of criminal case set for trial
- 4.114 Certification under Penal Code section 859a
- 4.115 Criminal case assignment
- 4.116 Certification to juvenile court
- 4.117 Qualifications for appointed trial counsel in capital cases Deadlines
- 4.119 Additional requirements in pretrial proceedings in capital cases Deadlines
- 4.130 Mental competency proceedings
- 4.131 Evaluation of defendant after initiation of mental competency proceedings
- 4.132 Posttrial hearings on competence under section 1370
- 4.133 Probable cause determinations under section 1368.1(a)(2) Deadlines
- 4.150 Change of venue: application and general provisions
- 4.151 Motion for change of venue Deadlines
- 4.152 Selection of court and trial judge
- 4.153 Order on change of venue
- 4.154 Proceedings in the receiving court
- 4.155 Guidelines for reimbursement of costs in change of venue cases-criminal cases Deadlines
Chapter 3 · Trials
Chapter 4 · Sentencing
- 4.305 Notification of appeal rights in felony cases
- 4.306 Notification of appeal rights in misdemeanor and infraction cases
- 4.310 Determination of presentence custody time credit
- 4.315 Setting date for execution of death sentence Deadlines
- 4.320 Records of criminal convictions (Gov. Code, §§ 69844.5, 71280.5)
- 4.325 Ignition interlock installation orders: \"interest of justice\" exceptions
- 4.330 Misdemeanor hate crimes
- 4.335 Ability-to-pay determinations for infraction offenses
- 4.336 Confidential Can't Afford to Pay Fine Forms
Chapter 5 · Felony Sentencing Law
- 4.401 Authority
- 4.403 Application
- 4.405 Definitions
- 4.406 Reasons
- 4.408 Listing of factors not exclusive; sequence not significant
- 4.409 Consideration of relevant factors
- 4.410 General objectives in sentencing
- 4.411 Presentence investigations and reports
- 4.411.5 Probation officer's presentence investigation report
- 4.412 Reasons-agreement to punishment as an adequate reason and as abandonment of certain claims
- 4.413 Grant of probation when defendant is presumptively ineligible for probation
- 4.414 Criteria affecting probation
- 4.415 Criteria affecting the imposition of mandatory supervision
- 4.420 Selection of term of imprisonment
- 4.421 Circumstances in aggravation
- 4.423 Circumstances in mitigation Deadlines
- 4.424 Consideration of applicability of section 654
- 4.425 Factors affecting concurrent or consecutive sentences
- 4.426 Violent sex crimes
- 4.427 Hate crimes Deadlines
- 4.428 Factors affecting imposition of enhancements
- 4.431 Proceedings at sentencing to be reported
- 4.433 Matters to be considered at time set for sentencing
- 4.435 Sentencing on revocation of probation, mandatory supervision, and postrelease community supervision
- 4.437 Statements in aggravation and mitigation Deadlines
- 4.447 Sentencing of enhancements
- 4.451 Sentence consecutive to or concurrent with indeterminate term or term in other jurisdiction
- 4.452 Determinate sentence consecutive to prior determinate sentence
- 4.472 Determination of presentence custody time credit
- 4.480 Judge's statement under section 1203.01 Deadlines
Chapter 6 · Postconviction, Postrelease, and Writs
- 4.510 Reverse remand
- 4.530 Intercounty transfer of probation and mandatory supervision cases Deadlines
- 4.541 Minimum contents of supervising agency reports
- 4.545 Definitions
- 4.550 Habeas corpus application
- 4.551 Habeas corpus proceedings Deadlines
- 4.552 Habeas corpus jurisdiction Deadlines
- 4.553 Qualifications for appointed counsel for claims under section 1473(e) in noncapital case Deadlines
- 4.560 Application of article
- 4.561 Superior court appointment of counsel in death penalty-related habeas corpus proceedings Deadlines
- 4.562 Recruitment and determination of qualifications of attorneys for appointment in death penalty-related habeas corpus proceedings Deadlines
- 4.571 Filing of petition in the superior court Deadlines
- 4.572 Transfer of petitions Deadlines
- 4.573 Proceedings after the petition is filed Deadlines
- 4.574 Proceedings following an order to show cause Deadlines
- 4.575 Decision on death penalty-related habeas corpus petition
- 4.576 Successive petitions
- 4.577 Transfer of files