Page 20 - Wright, Finlay & Zak LLP. Trial By Certificate

13. REGISTERED CIVILIAN ARREST WARRANT WRIGHT, FINLAY & ZAK LLP.
CALIFORNIA PENAL CODE 833-851.92
851.6 Continue (a) In any case in which a person is arrested and released pursuant to paragraph (1), (3), or (5) of subdivision (b) of Section 849, the person shall be issued a certificate, signed by the releasing officer or his superior officer, describing the action as a detention.(b) In any case in which a person is arrested and released and an accusatory pleading is not filed charging him or her with an offense, the person shall be issued a certificate by the law enforcement agency which arrested him or her describing the action as a detention.(c) The Attorney General shall prescribe the form and content of the certificate.(d) Any reference to the action as an arrest shall be deleted from the arrest records of the arresting agency and of the Department of Justice. Thereafter, any record of the action shall refer to it as a detention.(Amended by Stats. 2017, Ch. 566, Sec. 2. (SB 238) Effective October 7, 2017.)
851.7 (a) Any person who has been arrested for a misdemeanor, with or without a warrant, while a minor, may, during or after minority, petition the court in which the proceedings occurred or, if there were no court proceedings, the court in whose jurisdiction the arrest occurred, for an order sealing the records in the case, including any records of arrest and detention, if any of the following occurred:
(1) He was released pursuant to paragraph (1) of subdivision (b) of Section 849. (2) Proceedings against him were dismissed, or he was discharged, without a conviction.(3) He was acquitted. (b) If the court finds that the petitioner is eligible for relief under subdivision (a), it shall issue its order granting the relief prayed for. Thereafter, the arrest, detention, and any further proceedings in the case shall be deemed not to have occurred, and the petitioner may answer accordingly any question relating to their occurrence. (c) This section applies to arrests and any further proceedings that occurred before, as well as those that occur after, the effective date of this section.(Amended by Stats. 1974, Ch. 401.)
Trial By Certificate is an administrative proceeding for the prosecution, arrest and fine of persons willfully and intentionally committing misdemeanor and felony criminal public offenses, committed or attempted in his presence and when the person arrested has presented reasonable cause for believing he/she has committed a felony, although not in the presence of the civilian.(Enacted 1872.)
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