Section 991 Of Chapter 1. Of The Arraignment Of The Defendant From California Penal Code >> Title 6. >> Part 2. >> Chapter 1.
991
. (a) If the defendant is in custody at the time he appears
before the magistrate for arraignment and, if the public offense is a
misdemeanor to which the defendant has pleaded not guilty, the
magistrate, on motion of counsel for the defendant or the defendant,
shall determine whether there is probable cause to believe that a
public offense has been committed and that the defendant is guilty
thereof.
(b) The determination of probable cause shall be made immediately
unless the court grants a continuance for good cause not to exceed
three court days.
(c) In determining the existence of probable cause, the magistrate
shall consider any warrant of arrest with supporting affidavits, and
the sworn complaint together with any documents or reports
incorporated by reference thereto, which, if based on information and
belief, state the basis for such information, or any other documents
of similar reliability.
(d) If, after examining these documents, the court determines that
there exists probable cause to believe that the defendant has
committed the offense charged in the complaint, it shall set the
matter for trial.
If the court determines that no such probable cause exists, it
shall dismiss the complaint and discharge the defendant.
(e) Within 15 days of the dismissal of a complaint pursuant to
this section the prosecution may refile the complaint.
A second dismissal pursuant to this section is a bar to any other
prosecution for the same offense.