US · rules
E.D. Cal. L.R. 423
Referral of Class a Misdemeanors to the District Court
The following procedure shall be observed in each instance in which a defendant
charged with a misdemeanor elects to be tried by a Judge pursuant to 18 U.S.C. § 3401:
(a) Right to Trial Before Judge or Magistrate Judge. At the time of
arraignment and bail setting in Class A misdemeanor actions, the Magistrate Judge will
explain the defendant's right to trial by Magistrate Judge or Judge. If the defendant
declines to be tried by a Magistrate Judge, the Magistrate Judge shall order the defendant
to appear before a Judge at the date and time directed by the Clerk pursuant to summons.
(b) Election to Trial Before District Judge. Upon a defendant's election to
trial before a Judge, the Magistrate Judge shall forthwith inform the United States Attorney
by written notice of the pendency of the action and the defendant's election, providing the
United States Attorney copies of all documents theretofore filed in the action. The
Magistrate Judge's responsibility in the action under L.R. 420, 421 and 422 shall
thereupon terminate, but the Magistrate Judge may entertain a motion from the United
States Attorney to dismiss the charged offense.
(c) Options Available to United States Attorney. Upon a defendant's
election to trial before a Judge, the United States Attorney has discretion to determine
whether the action shall proceed. The United States Attorney may file an information
against the defendant. Upon election not to prosecute the action, the United States
Attorney shall move the Magistrate Judge for dismissal and exoneration of bail, if bail has
been posted. If the United States Attorney does not commence proceedings on the action
or dismiss it within ninety-one (91) days after service of notice by the Magistrate Judge
that the defendant has elected to be tried by a Judge, then the charge against the
defendant shall be dismissed with prejudice on motion of the Court or the defendant.
(d) Defendants in Custody. If the defendant electing trial before a Judge is in
custody, the Magistrate Judge shall immediately notify the United States Attorney by
telephone of the election and shall order the transportation of the defendant to the
appropriate facility unless released from custody.
Provenance
- Source
- www.caed.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
28d07ed4ecdbf94c8e80b48c8d20e5ac7de365b704a09abb7b8de4d62c1a9714
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