Felony charges, magistrate and interpreter
Official text rightpowerlimitif conditionlegal term
Felonies shall be prosecuted as provided by law, either by or, after examination and commitment by a magistrate, by information.
A person charged with a felony by complaint subscribed under penalty of perjury and on file in a court in the county where the felony is triable shall be taken without unnecessary delay before a magistrate of that court. The magistrate shall immediately give the defendant a copy of the complaint, inform the defendant of the defendant’s right to counsel, allow the defendant a reasonable time to send for counsel, and on the defendant’s request read the complaint to the defendant. On the defendant’s request the magistrate shall require a peace officer to transmit within the county where the court is located a message to counsel named by defendant.
A person unable to understand English who is charged with a crime has a right to an interpreter throughout the proceedings.
History: Sec. 14 added Nov. 5, 1974, by Prop. 7. Res.Ch. 90, 1974.
Simplified explanation
Felonies are prosecuted by indictment or, after examination and commitment by a magistrate, by information. A person charged by complaint shall be taken without unnecessary delay before a magistrate, who must inform the defendant of the right to counsel. A person unable to understand English charged with a crime has a right to an interpreter.