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The place specified in the notice to appear shall be either:
A. Before a judge of the justice court in the judicial district in which the city is located in which the offense charged is alleged to have been committed, who has jurisdiction of the offense, and who is nearest and most accessible with reference to the place where the arrest is made;
B. Upon demand of the person arrested, before a judge having jurisdiction in the judicial district in which the offense is alleged to have been committed; or
C. Before an officer authorized by the city or the judge of the judicial district in which the city is located to receive a deposit of bail.
(Ord. 791-2010 (part), 2010)
The officer shall deliver one copy of the notice to appear to the arrested person. An arrested person, in order to secure release, must give his or her written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon, the arresting officer shall forthwith release the person arrested from custody.
(Ord. 791-2010 (part), 2010)
The officer shall, as soon as practicable, file the duplicate notice and underlying police reports in support of the charge or charges with the prosecuting attorney. Within twenty-five (25) days from the time of arrest the prosecutor, within his or her discretion, may initiate prosecution by filing the notice or a formal complaint with the magistrate specified therein. If the prosecution is not to be initiated, the prosecutor shall send notice to the person arrested at the address on the notice to appear. Thereupon the magistrate may fix the amount of bail which, in his or her judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall indorse upon the notice a statement signed by him or her in the form set forth in Section 815a of the Penal Code. The defendant may, prior to the date upon which he or she promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his or her discretion order that no further proceedings shall be had in such case.
(Ord. 791-2010 (part), 2010)
When a person signs a written promise to appear at the time and place therein specified and has not posted bail as provided in the Penal Code of the state, the magistrate shall issue and have delivered for execution a warrant for his or her arrest (A) within twenty (20) days after his or her failure to appear as promised, or (B) if such person promises to appear before an officer authorized to accept bail, other than a magistrate, and fails to do so on or before the date upon which he or she promised to appear, then within twenty (20) days after delivery of such written promise to appear by the officer to the magistrate having jurisdiction over the offense.
(Ord. 791-2010 (part), 2010)
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