Section 822 Of Chapter 4. The Warrant Of Arrest From California Penal Code >> Title 3. >> Part 2. >> Chapter 4.
822
. If the offense charged is a misdemeanor, and the defendant is
arrested in another county, the officer must, without unnecessary
delay, inform the defendant in writing of his right to be taken
before a magistrate in that county, note on the warrant that he has
so informed defendant, and, upon being required by defendant, take
him before a magistrate in that county, who must admit him to bail in
the amount specified in the indorsement referred to in Section 815a,
or if no bail is specified, the magistrate may set bail; if the
defendant is admitted to bail the magistrate shall direct the
defendant to appear before the court or magistrate by whom the
warrant was issued on or before a day certain which shall in no case
be more than 25 days after such admittance to bail. If bail be
forthwith given, the magistrate shall take the same and indorse
thereon a memorandum of the aforesaid order for the appearance of the
defendant.
If the defendant arrested in another county on a misdemeanor
charge does not require the arresting officer to take him before a
magistrate in that county for the purpose of being admitted to bail,
or if such defendant, after being admitted to bail, does not
forthwith give bail, the arresting officer shall immediately notify
the law enforcement agency requesting the arrest in the county in
which the warrant was issued that such defendant is in custody, and
thereafter such law enforcement agency shall take custody of such
defendant within five days in the county in which he was arrested and
shall take such defendant before the magistrate who issued the
warrant, or before some other magistrate of the same county.
If a defendant is arrested in another county on a warrant charging
the commission of a misdemeanor, upon which warrant the amount of
bail is indorsed as provided in Section 815a, and defendant is held
in jail in the county of arrest pending appearance before a
magistrate, the officer in charge of the jail shall, to the same
extent as provided by Section 1269b, have authority to approve and
accept bail from defendant in the amount indorsed on the warrant, to
issue and sign an order for the release of the defendant, and, on
posting of such bail, shall discharge defendant from custody.