California

Criminal Procedure

Rule 4.1 – Title
Rule 4.2 – Application
Rule 4.3 – Reference to Penal Code
Vacatur relief under Penal Code section 236.14
Rule 4.100 – Arraignments
Rule 4.101 – Bail in criminal cases
Rule 4.102 – Uniform bail and penalty schedules-traffic, boating, fish and game, forestry, public utilities, parks and recreation, business licensing
Rule 4.103 – Notice to appear forms
Rule 4.104 – Procedures and eligibility criteria for attending traffic violator school
Rule 4.105 – Appearance without deposit of bail in traffic infraction cases
Rule 4.106 – Failure to appear or failure to pay for a Notice to Appear issued for an infraction offense
Rule 4.107 – Mandatory reminder notice? traffic procedures
Rule 4.108 – Installment Payment Agreements
Rule 4.110 – Time limits for criminal proceedings on information or indictment
Rule 4.111 – Pretrial motions in criminal cases
Rule 4.112 – Readiness conference
Rule 4.113 – Motions and grounds for continuance of criminal case set for trial
Rule 4.114 – Certification under Penal Code section 859a
Rule 4.115 – Criminal case assignment
Rule 4.116 – Certification to juvenile court
Rule 4.117 – Qualifications for appointed trial counsel in capital cases
Rule 4.119 – Additional requirements in pretrial proceedings in capital casest
Rule 4.130 – Mental competency proceedings [Effcetive until September 1, 2020]
Rule 4.130 – Mental competency proceedings [Effcetive September 1, 2020]
Rule 4.131 – Probable cause determinations under section 1368.1(a)(2)
Rule 4.150 – Change of venue: application and general provisions
Rule 4.151 – Motion for change of venue
Rule 4.152 – Selection of court and trial judge
Rule 4.153 – Order on change of venue
Rule 4.154 – Proceedings in the receiving court
Rule 4.155 – Guidelines for reimbursement of costs in change of venue cases-criminal cases
Rule 4.200 – Pre-voir dire conference in criminal cases
Rule 4.201 – Voir dire in criminal cases
Rule 4.202 – Statements to the jury panel
Rule 4.210 – Traffic court-trial by written declaration
Rule 4.220 – Remote video proceedings in traffic infraction cases
Rule 4.230 – Additional requirements in capital cases
Rule 4.300 – Commitments to nonpenal institutions
Rule 4.305 – Notification of appeal rights in felony cases
Rule 4.306 – Notification of appeal rights in misdemeanor and infraction cases
Rule 4.310 – Determination of presentence custody time credit
Rule 4.315 – Setting date for execution of death sentence
Rule 4.320 – Records of criminal convictions (Gov. Code, Sections 69844.5, 71280.5)
Rule 4.325 – Ignition interlock installation orders: “interest of justice” exceptions
Rule 4.330 – Misdemeanor hate crimes
Rule 4.335 – Ability-to-pay determinations for infraction offenses
Rule 4.336 – Confidential Can’t Afford to Pay Fine Forms
Rule 4.401 – Authority
Rule 4.403 – Application

Rule 4.405 – Definitions
Rule 4.406 – Reasons
Rule 4.407 – Repealed 2007
Rule 4.408 – Listing of factors not exclusive; sequence not significant
Rule 4.409 – Consideration of relevant factors
Rule 4.410 – General objectives in sentencing
Rule 4.411 – Presentence investigations and reports
Rule 4.411.5 – Probation officer’s presentence investigation report
Rule 4.412 – Reasons-agreement to punishment as an adequate reason and as abandonment of certain claims
Rule 4.413 – Grant of probation when defendant is presumptively ineligible for probation
Rule 4.414 – Criteria affecting probation
Rule 4.415 – Criteria affecting the imposition of mandatory supervision
Rule 4.420 – Selection of term of imprisonment
Rule 4.421 – Circumstances in aggravation
Rule 4.423 – Circumstances in mitigation
Rule 4.424 – Consideration of applicability of section 654
Rule 4.425 – Factors affecting concurrent or consecutive sentences
Rule 4.426 – Violent sex crimes
Rule 4.427 – Hate crimes
Rule 4.428 – Factors affecting imposition of enhancements
Rule 4.431 – Proceedings at sentencing to be reported
Rule 4.433 – Matters to be considered at time set for sentencing
Rule 4.435 – Sentencing on revocation of probation, mandatory supervision, and postrelease community supervision
Rule 4.437 – Statements in aggravation and mitigation
Rule 4.447 – Sentencing of enhancements
Rule 4.451 – Sentence consecutive to or concurrent with indeterminate term or term in other jurisdiction
Rule 4.452 – Determinate sentence consecutive to prior determinate sentence
Rule 4.453 – Commitments to nonpenal institutions
Rule 4.470 – Notification of appeal rights in felony cases [Repealed]
Rule 4.472 – Determination of presentence custody time credit
Rule 4.480 – Judge’s statement under section 1203.01
Rule 4.510 – Reverse remand
Rule 4.530 – Intercounty transfer of probation and mandatory supervision cases
Rule 4.540 – Revocation of postrelease community supervision [Repealed]
Rule 4.541 – Minimum contents of supervising agency reports
Rule 4.545 – Definitions
Rule 4.550 – Habeas corpus application and definitions
Rule 4.551 – Habeas corpus proceedings
Rule 4.552 – Habeas corpus jurisdiction
Rule 4.571 – Filing of petition in the superior court
Rule 4.572 – Transfer of petitions
Rule 4.573 – Proceedings after the petition is filed
Rule 4.574 – Proceedings following an order to show cause
Rule 4.575 – Decision on death penalty-related habeas corpus petition
Rule 4.576 – Successive petitions
Rule 4.577 – Transfer of files
Rule 4.601 – Judicial determination of factual innocence form
Rule 4.700 – Firearm relinquishment procedures for criminal protective orders

Rule 4.601 – Judicial determination of factual innocence form

(a) Form to be confidential

Any Certificate of Identity Theft: Judicial Finding of Factual Innocence (form CR-150) that is filed with the court is confidential. The clerk’s office must maintain these forms in a manner that will protect and preserve their confidentiality.

(b) Access to the form

Notwithstanding (a) , the court, the identity theft victim, the prosecution, and law enforcement agencies may have access to the Certificate of Identity Theft: Judicial Finding of Factual Innocence (form CR-150). The court may allow access to any other person on a showing of good cause.

Cal. R. Ct. 4.601

Rule 4.601 amended effective January 1, 2007; adopted effective January 1, 2002.

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