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Title 11 — Judicial Procedure
Title 11 — JUDICIAL PROCEDURE
Chapter 1: Courts and Jurisdiction
Section 1101 Courts of the State#
- (a) The judicial power of the State is vested in the District Courts, the Appellate Division, and the Supreme Court of San Andreas.
- (b) The District Courts are courts of original jurisdiction over all criminal and civil matters not exclusively assigned to another court by the Constitution or by statute.
- (c) The Appellate Division has jurisdiction to review arrest-adjudications, contempt findings, pretrial detention or release orders, and such other orders and judgments as are made reviewable by law or court rule.
- (d) The Supreme Court of San Andreas is the court of final review and has jurisdiction over constitutional questions, conflicts among lower-court decisions, and such other matters as are provided by the Constitution, statute, or court rule.
Section 1102 Specialized Divisions#
- (a) The District Courts may sit in specialized divisions by written administrative order that states the division’s subject-matter assignment and operating procedures.
- (b) Assignment to a specialized division shall not diminish any right, remedy, or protection otherwise provided by law.
- (c) A party may move for reassignment upon a showing that division assignment has caused, or is likely to cause, material prejudice to access to counsel, the ability to present evidence, or the timely adjudication of the matter. The court shall rule on the motion on the record.
Section 1103 Judicial Independence and Separation of Powers#
- (a) No officer of the Executive Branch shall direct the outcome of any judicial proceeding.
- (b) Law enforcement may investigate, arrest upon probable cause, and seek judicial review as authorized by law, but no request for judicial action shall be used to coerce a particular outcome.
- (c) When a statute authorizes an officer-initiated request that affects the forum, timing, or posture of a case, the request shall be supported by a stated reason placed in the record.
Chapter 2: Arrest-Adjudication for Standard Offenses
Section 1120 Arrest-Adjudication; Prima Facie Adjudication#
- (a) For standard offenses, a lawful arrest supported by probable cause constitutes prima facie adjudication for purposes of immediate imposition of statutory penalties at booking.
- (b) The arresting peace officer serves as finder of fact for the limited purpose of arrest-adjudication under this Chapter.
- (c) Arrest-adjudication does not bar appellate review or trial as provided in this Title.
- (d) Upon motion by the defendant, the District Court or the Appellate Division may vacate or stay booking-imposed penalties, in whole or in part, where immediate imposition would create manifest injustice. The court may impose temporary non-custodial conditions reasonably tailored to assure appearance and public safety pending further proceedings.
Section 1121 Booking; Commencement of Sentence#
- (a) For standard offenses adjudicated at booking, any imprisonment imposed begins immediately upon booking and shall be served before release, unless stayed under this Title.
- (b) Any fine imposed begins immediately upon booking and may be collected by lawful means consistent with statute and court rule, unless stayed under this Title.
- (c) When an appeal is timely filed, the Appellate Division may stay any unserved portion of imprisonment or unpaid fines pending merit review, or may convert any unserved portion of imprisonment to equivalent non-custodial conditions where public safety allows.
- (d) Nothing in this Section limits a court’s authority to order restitution, community service, probation, or other lawful conditions when a matter proceeds to trial.
- (e) A defendant shall receive credit for time served under arrest-adjudication against any later sentence imposed after trial for the same conduct.
Section 1122 Written Notice of Charges and Rights#
- (a) Upon arrest-adjudication, the defendant shall be provided written notice stating the charges, the penalties imposed, the identity of the arresting officer, and the right to appeal under this Title.
- (b) At minimum, the notice shall include: (1) the specific charge names or statute identifiers used by the State; (2) the exact penalties imposed; and (3) the appeal deadline stated in Section 1130.
- (c) Omission of any item required by subsection (b) is presumptively prejudicial unless the State proves the defendant had actual notice in time to seek review.
Chapter 3: Appellate Review of Arrest-Adjudications
Section 1130 Right to Appeal; Time to File#
- (a) A defendant may appeal an arrest-adjudication by filing an appeal within seventy-two (72) hours (real-time) of booking.
- (b) The Appellate Division may accept a late filing upon a showing of good cause, including incapacity, denial of access to counsel, unavailability of licensed counsel, custody preventing communication, technical or service outages, or other circumstances in the interests of justice.
- (c) The Appellate Division may toll the filing deadline where State action or inaction materially interfered with the ability to file.
Section 1131 Filing Requirements; Counsel#
- (a) An appeal may be initiated by either:
- (1) a written brief prepared and filed by a licensed attorney who is a member of the State Bar in good standing; or
- (2) a pro se notice of appeal that identifies the defendant, the arrest-adjudication being appealed, and the relief requested.
- (b) When an appeal is initiated by pro se notice under subsection (a)(2), a licensed attorney shall file the brief within forty-eight (48) hours (real-time) after the notice is filed, unless extended for good cause.
- (c) If the defendant is indigent, the District Court shall provide a process for prompt appointment of counsel upon request, and appointed counsel shall prepare and file the brief.
- (d) The Appellate Division may require the brief to identify the relief requested and the grounds for review with reasonable particularity.
Section 1132 Merit Review; Time for Determination#
- (a) The Appellate Division shall conduct a merit review within forty-eight (48) hours (real-time) after a properly filed appeal, unless extended for good cause.
- (b) Merit review shall examine, as applicable:
- (1) whether probable cause existed;
- (2) whether required procedures were complied with;
- (3) whether the evidence described in the record is sufficient to support the adjudication; and
- (4) whether a constitutional violation is credibly alleged.
- (c) For purposes of this Chapter, the record may include the arrest report, booking documentation, evidence logs, and referenced audio/video or system logs when available.
- (d) At the merit stage, the Appellate Division may order targeted fact development, including requiring a short sworn statement from the arresting officer, requiring production of available audio/video or system logs, or requiring clarification of the booking documentation.
- (e) If merit is found, the Appellate Division shall order the matter set for full trial in the District Court.
- (f) If no merit is found, the Appellate Division shall dismiss the appeal and provide a written explanation.
Section 1133 Scope of Relief#
- (a) Upon finding error, the Appellate Division may affirm, reverse, modify penalties within statutory limits, order a new adjudication, suppress unlawfully obtained evidence for purposes of any further proceedings, or order a full trial.
- (b) The Appellate Division may issue interim orders necessary to protect rights and preserve public safety pending trial, including modification of release conditions, temporary reinstatement of licenses where authorized by law, return of seized property pending trial where appropriate, and modification of no-contact or travel restrictions.
Chapter 4: Trial Proceedings (When Triggered)
Section 1140 Trial; Burden and Standard of Proof#
- (a) When a matter is set for trial under this Title, the District Court shall conduct a full evidentiary hearing.
- (b) The State bears the burden to prove guilt beyond a reasonable doubt.
- (c) The defendant has the right to counsel, confrontation of witnesses, and to present evidence.
Section 1141 Finder of Fact; Jury Trials#
- (a) The judge serves as finder of fact in criminal trials, except as otherwise required by law for capital offenses or where a jury trial is otherwise required by the Constitution or by statute.
- (b) Nothing in this Section limits the authority of the Supreme Court of San Andreas to prescribe additional procedural protections by rule or decision consistent with the Constitution.
Section 1142 Verdict#
- (a) The court shall issue a verdict at the conclusion of proceedings, or within a time set on the record that is reasonably necessary for the orderly administration of justice.
- (b) Upon conviction, the court may impose any penalty within the statutory range and may order restitution and other lawful conditions.
Chapter 5: Mandatory Trial Proceedings
Section 1150 Mandatory Trial Required; Triggers#
- (a) Full trial proceedings are required, regardless of defendant preference, when any of the following applies:
- (1) the charge is a capital offense;
- (2) the charged offense carries imprisonment exceeding sixty (60) minutes (real-time);
- (3) the State seeks asset forfeiture exceeding one hundred thousand dollars ($100,000);
- (4) the defendant was denied access to counsel during arrest processing;
- (5) the arresting officer requests judicial review and states on the record a reason supporting the request, or obtains supervisory approval documented in the record; or
- (6) the District Attorney elects to prosecute formally.
- (b) When mandatory trial is required, arrest-adjudication shall not be used to finally dispose of the charge, but the State may impose lawful administrative processing and custody consistent with this Title and other applicable law.
Section 1151 Pretrial Release or Detention#
- (a) In mandatory trial matters, the court shall determine whether the defendant shall be released pending trial or detained pending trial.
- (b) In making this determination, the court may consider risk of flight, danger to the community, risk of witness intimidation, and the integrity of the judicial process.
- (c) The court may impose non-monetary conditions reasonably tailored to assure appearance and public safety, including travel restrictions, no-contact orders, surrender of weapons as otherwise authorized by law, and reporting requirements.
- (d) A hearing on pretrial release or detention shall occur as soon as practicable and, absent extraordinary circumstances, within two (2) hours (real-time) of booking for a defendant held in custody on a mandatory trial matter.
- (e) If the hearing deadline in subsection (d) is missed without extraordinary circumstances, the defendant shall be presumptively released on conditions set by the court, and the court shall conduct automatic review at intervals not to exceed two (2) hours (real-time) while the defendant remains in custody.
- (f) Nothing in this Section limits statutory provisions requiring denial of pretrial release for homicide and capital murder offenses.
Chapter 6: Plea Agreements
Section 1160 Plea Agreements; Availability and Approval#
- (a) Plea agreements are available in mandatory trial proceedings and in any case set for trial by order of the Appellate Division under this Title.
- (b) A plea agreement is not effective unless approved by the presiding judge as consistent with the interests of justice and public safety.
- (c) For violent offenses, the State shall provide reasonable victim notification prior to plea approval when practicable.
- (d) The judge may reject a plea agreement and set the matter for trial. When rejecting a plea agreement, the judge shall state reasons on the record.
Chapter 7: Contempt of Court
Section 1170 Contempt Authority#
- (a) A court may punish contempt to preserve order, enforce lawful orders, and protect the integrity of proceedings.
- (b) Contempt may be direct (committed in the presence of the court) or indirect (violation of a lawful court order).
Section 1171 Contempt Sanctions#
- (a) The court may impose sanctions including a fine, imprisonment, or both, in an amount and duration reasonably proportionate to the contempt and necessary to secure compliance and maintain order.
- (b) For indirect contempt, the court shall provide notice of the alleged violation and an opportunity to be heard before imposing imprisonment, except where immediate custody is necessary to prevent imminent harm or to secure the person’s appearance.
- (c) In determining sanctions, the court shall consider the contemnor’s conduct, the need for deterrence, and the least restrictive means adequate to achieve compliance, and shall state findings on the record.
Section 1172 Appealability#
- (a) A contempt finding is immediately appealable to the Appellate Division.
- (b) The reviewing court may grant a stay in the interests of justice.
Chapter 8: Wrongful Arrest Compensation and Record Relief
Section 1180 Compensation Upon Successful Appeal#
- (a) Upon a successful appeal resulting in acquittal or dismissal of the charges, the defendant shall be entitled to:
- (1) a full refund of all fines paid, plus twenty-five percent (25%) statutory damages;
- (2) compensation for time served at a rate of five thousand dollars ($5,000) per minute served, including any time served before a stay was entered;
- (3) expungement of the arrest from the criminal record; and
- (4) reasonable attorney fees, capped at thirty percent (30%) of total recovery or fifty thousand dollars ($50,000), whichever is less, unless the court finds exceptional circumstances and orders a higher cap by written findings.
- (b) Rights to pursue additional civil remedies are preserved.
Section 1181 Administration of Payment and Expungement#
- (a) The District Court shall issue orders necessary to effect refunds, compensation, and expungement under this Chapter.
- (b) The court may require reasonable documentation of time served and amounts paid and may resolve disputes by hearing.
Chapter 9: Appeal Abuse Deterrents and Integrity of Filings
Section 1190 Frivolous Appeals; Sanctions#
- (a) An attorney who files a clearly frivolous appeal may be referred for State Bar discipline and may be sanctioned by the Appellate Division consistent with court rule.
- (b) No fee-shifting sanction or suspension of filing privileges shall be imposed under this Section unless the court provides notice and an opportunity to be heard, and either:
- (1) the attorney was previously warned that the appeal appeared frivolous and was given a reasonable opportunity to withdraw or amend; or
- (2) the court finds bad faith or reckless disregard.
- (c) The court may award reasonable attorney fees to the State for an appeal found to be clearly frivolous.
Section 1191 False Statements in Appeal Filings#
- (a) A defendant who knowingly provides materially false information in an appeal brief or supporting filing is subject to prosecution for perjury under applicable criminal law.
Chapter 10: Sentencing Authority and Alternatives
Section 11100 Sentencing Discretion#
- (a) Judges may impose any penalty within the statutory range for the offense of conviction.
- (b) A judge may depart from nonbinding guidelines by written justification.
- (c) A judge may suspend a sentence in whole or in part and impose probation and lawful conditions.
- (d) In imposing sentence after trial, the court shall credit time already served under arrest-adjudication for the same conduct.
Section 11101 Restitution, Community Service, and Alternative Sentencing#
- (a) A court may order restitution based on actual damages.
- (b) A court may order community service or other alternative sentencing where authorized by law and consistent with public safety.
- (c) Nothing in this Title limits the authority of the Legislature to authorize additional sentencing alternatives by statute.
Chapter 11: Construction and Supremacy
Section 11120 Constitutional Compliance#
- (a) This Title shall be construed to effectuate due process, fair administration of justice, and public order consistent with the Constitution of the State of San Andreas.
- (b) If any provision of this Title is held invalid, the remaining provisions shall remain in effect to the fullest extent permitted by law.