Section 858.5 Of Chapter 7. Examination Of The Case, And Discharge Of The Defendant, Or Holding Him To Answer From California Penal Code >> Title 3. >> Part 2. >> Chapter 7.
858.5
. (a) In any case in which a defendant is, on his demand,
brought before a magistrate pursuant to Section 822 after arrest for
a misdemeanor Vehicle Code violation, the magistrate shall give such
instructions to the defendant as required by law and inform the
defendant of his rights under this section, and, if the defendant
desires to plead guilty or nolo contendere to the charge in the
complaint, he may so advise the magistrate. If the magistrate
determines that such plea would be in the interest of justice, he
shall direct the defendant to appear before a specified appropriate
court in the county in which defendant has been arrested at a
designated certain time, which in no case shall be more than 10
calendar days from the date of arrest, for plea and sentencing. The
magistrate shall request the court in which the complaint has been
filed to transmit a certified copy of the complaint and any citation
and any factual report which may have been prepared by the law
enforcement agency that investigated the case to the court in which
defendant is to appear for plea and sentencing. If the court of which
the request is made deems such action to be in the interest of
justice, and the district attorney of the county in which that court
sits, after notice from the court of the request it has received,
does not object to such action, the court shall immediately transmit
a certified copy of the complaint and the report of the law
enforcement agency that investigated the case, and, if not, shall
advise the requesting magistrate of its decision not to take such
action.
When defendant appears for plea and sentencing, and if a copy of
the complaint has been transmitted, the court shall read the copy of
the complaint to him, and the defendant may plead guilty or nolo
contendere. Such court shall have jurisdiction to accept the plea and
impose a sentence. Such court shall notify the court in which the
complaint was originally filed of the disposition of the case. If
defendant does not plead guilty or nolo contendere, or if transmittal
of a copy of the complaint has been refused or if a copy of the
complaint has not been received, the court shall terminate the
proceedings under this section and shall direct the defendant to
appear before the court or magistrate by whom the warrant was issued
on or before a certain day which in no case shall be more than five
days after the date such direction is made.
(b) Any fines imposed by a court which is given authority to
sentence pursuant to this section shall be remitted to the court in
which the complaint was originally filed for disposition as required
by law. The county of the sentencing court shall bear all costs
incurred incident to acceptance of the plea and sentencing, and no
part of such costs shall be deducted from the fine remitted to the
court in which the complaint was filed.