Stanislaus County Superior Court Local Rules (effective July 1, 2026) — Rule 4: Criminal (Rules 4.24 to 4.32)

TRAFFIC CASES 4.24 General - Appointments Are Required For Hearings A. When a person is cited to appear in Traffic Court an appointment is required in order to attend an arraignment hearing. The appointment must be booked on or before the “appear/respond by” date on the citation and scheduled at least five court days out. The appointment requirement also applies to a “mandatory appearance”. An appointment for arraignment may be scheduled either online, by phone, or in person with the Clerk’s Office. Alternatively, the defendant may schedule the arraignment and trial on the same date by following the procedures outlines in Vehicle Code 40519 and posting bail. If the defendant elects to enter a not guilty plea in writing, form TR-006 (Advisement of Rights and Plea of Not Guilty in Writing) must be completed and filed with the Clerk’s Office by the “appear/respond by” date on the citation. B. Instead of scheduling an appointment for arraignment or trial, the defendant may pay the full bail with the Clerk’s Office on or before the “appear/respond by date” or any lawfully granted extension pursuant to Local Rule 4.27. This is considered a bail forfeiture without an entry of plea and will be reported to the DMV as a conviction. The defendant may proceed with a bail forfeiture under this section and attend traffic school if both the type of violation and the defendant are eligible for traffic school. The full bail plus the traffic school fee must be paid on or before the “appear/respond by date” or any lawfully granted extension pursuant to Local Rule 4.27. The defendant will then have ninety (90) days from the date of the bail forfeiture to complete traffic school. If the defendant fails to timely complete traffic school, the traffic school fee is forfeited and the conviction will be reported to the DMV. C. Timely proofs of correction may be submitted to the Clerk’s Office. Timely means the proof of correction is submitted on or before the “appear/respond by” date or within a lawfully granted extension pursuant to Local Rule 4.27. D. Pursuant to Penal Code section 1428.5, all hearings including trials may be conducted in person or by remote technology. A party or attorney must complete and file a written consent to proceed by remote technology. The judicial officer has the discretion to grant or deny a remote appearance to any party, attorney, or witness at any time. (Rule 4.24 [1/1/05, 1/1/20, 1/1/21, 7/1/24, 1/1/25] amended July 1, 2025) 4.25 Bail This Court will adhere to the bail schedule for traffic violations found in Rule 4.102 of the California Rules of Court including the footnotes requiring increase of bail because of prior convictions. (7/1/07) 4.26 Trials -Infractions A. This Court adopts the provisions of Vehicle Code Section 40901 for the trial of any alleged infraction involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code. B. Pursuant to Penal Code section 17, subdivision (d)(1), any violation of an offense listed in Penal Code section 19.8, filed in the Traffic Division is deemed an infraction, regardless of level of offense shown on the citation. This rule is made without prejudice to the defendant’s right to have the violation proceed as a misdemeanor. C. The provisions of Welfare and Institutions Code section 603.5 are hereby adopted with respect to minors alleged to have committed only a violation of the Vehicle Code classified as an infraction or a violation of a local ordinance involving the driving, parking or operation of a motor vehicle. (Rule 4.26 [1/1/05, 1/1/23] amended January 1, 2025) 4.27 Continuances A. The Clerks’ Office has authority to grant up to two (2) separate continuances, for not more than thirty (30) days each, of the “appear/respond by” date. B. The Clerk’s Office has authority to grant up to two (2) separate continuances for not more than thirty (30) days each, of the due date to pay a fine that has not yet been adjudicated. C. Unless the case has been scheduled for a further proceedings hearing, the Clerk’s Office has authority to grant up to two (2) separate continuances, for not more than thirty (30) days each, of the Traffic School completion date from the date of the original completion date. D. The Clerk’s Office authority to grant the foregoing requests for continuance only extends to timely requests. Timely means the request for continuance must be made at least two Court days prior to the deadline from which the request for continuance is being made. All other requests for continuances shall be presented to the judicial officer hearing the traffic calendar pursuant to Penal Code 1050. (Rule 4.27 [7/1/20, 1/1/21, 1/1/23, 1/1/24, 7/1/24, 1/1/25] amended July 1, 2026) 4.28 Trial by Declaration A. By this rule, the Court provides pursuant to Vehicle Code Section 40902, that a defendant may elect to have a trial by written declaration upon any alleged infraction, as charged by the citing officer, involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code, other than an infraction cited pursuant to Article 2 (commencing with Section 23152) of Chapter 12 of Division 11. B. A defendant may request a trial by written declaration on or before the respond by date set for on the citation, or any lawful continuance of that date as defined by Local Rule 4.27, by submitting a Request for Trial by Written Declaration (Judicial Council Form TR-205). A trial by written declaration is not available if the defendant has been notified that a personal appearance is mandatory. C. Trials by written declaration will proceed in accordance with the provisions of Vehicle Code section 40902 and California Rules of Court, rule 4.210. A failure to timely submit the Request for Trial by Written Declaration Form and/or the required deposit of bail on or before the due date will be deemed a failure to appear, which may result in the court proceeding with the trial by written declaration pursuant to Vehicle Code section 40902(c) and 40903. (See Local Rule 4.30.) Evidence must be submitted in writing or on a CD at the time the Declaration and bail are filed. Flash drives will not be accepted. (Former Rule 4.29 [1/1/05, 7/1/20, 7/1/24] amended January 1, 2025) 4.29Adjudication of Traffic Cases Pursuant to Vehicle Code § 40903 Failure to appear as promised (FTA) on a traffic infraction may result in a bench warrant, bail forfeiture, civil assessment or the Court deeming the defendant’s failure to appear as the defendant’s election to proceed with trial by written declaration in abstentia. (Former Rule 4.30 [7/1/20, 1/1/24, 7/1/24] amended January 1, 2025) 4.30 Motions Motions must be submitted in writing. If possible, the judicial officer will review and make a decision without the necessity of a separate hearing. If the judicial officer determines a hearing is required, a law and motion hearing will be scheduled. (Former Rule 4.30 [7/1/20, 1/1/23, 7/1/24, 1/1/25, 7/1/25] amended July 1, 2026) 4.31 Miscellaneous Matters A. Ability to Pay Determination Based on Financial Hardship A defendant may submit a written request for reduction of fines based on a financial hardship by using Judicial Council Form TR-320, using the online MyCitations tool at https://mycitations.courts.ca.gov/atp, or requesting an “ability to pay” hearing before a judicial officer. Financial documentation must be submitted with any request for an “ability to pay” hearing. Pursuant to Government Code section 68645.3(a), the court hereby authorizes a designated clerk of the court to review online requests for reduction made through the MyCitations online tool. The designated clerk of the court may make the ability to pay determination if the defendant attests to being a current recipient of public benefits, including those listed in subdivision (a) of Government Code section 68632. The designated clerk of the court shall adhere to the court-established rate when making reductions in the MyCitations online tool for individuals who receive public benefits. If the designated clerk of the court denies the reduction portion of the request, the defendant may request a court hearing with a judicial officer. B. Payment Installment Plans The amount of bail, fines and/or fees is due to be paid in full within sixty (60) days of the plea of no contest or guilty judgment. If the defendant is not able to pay the full amount within sixty (60) days, the defendant can complete the Judicial Council TR- 300 Form and the Court’s Payment Plan Enrollment Form to enter into an installment plan. Installment plans in excess of 90 days are not available when the defendant chooses to attend traffic school. The bail plus traffic school fine is due paid in full within ninety (90) days of the guilty plea or judgment. The Clerk’s Office will not process a traffic school completion certificate until the bail and traffic school fees have been paid. C. Community Service Community service is available in all cases if an affirmative request is made. Community service is voluntary and may be combined with a monetary payment of fines. If community service is requested on a case also eligible for traffic school, the traffic school portion of the fine must generally be paid in currency. Community Service must be performed within the State of California at a non-profit agency, governmental, educational, or faith-based entity that allows community service to be performed. A non-profit is any entity per 501(c)(3) of the Internal Revenue Code, or approved by the Stanislaus County Probation Department. The defendant will have ninety (90) days to complete the community service. To show proof of completion of the community service hours, the defendant must obtain a letter from each agency where the hours were performed. The letter must be on letterhead and include the number of hours that were completed, the date(s) when the community service was completed, what work was completed, and it must be signed by an authorized representative of the agency. If the defendant completes fewer hours of community service than ordered, any portion of the bail remaining outstanding will be due in currency and may be sent to the Franchise Tax Board or another agency for collection action on the unpaid balance. D. Further Proceeding Hearings - Compliance The Court will schedule a further proceeding hearing for various matters, such as providing proof of correction, completion of community service, completion of a payment plan, or completion of a diversion program. A defendant may submit proof of compliance to the Clerk’s Office for judicial review at any time prior to the hearing. (Rule 4.31 [7/1/14, 7/1/20, 1/1/21, 1/1/23, 1/1/24, 7/1/24, 1/1/25, 7/1/25] amended July 1, 2026.) DOMESTIC VIOLENCE CASES 4.32 Domestic Violence Protocol This Protocol is adopted in conformity with Penal Code 136.2, California Rule of Court 5.450, and Stanislaus County Superior Court Rule 4.31. A. Definitions For purposes of this protocol: 1. "Criminal court protective order" means any court order issued under California Penal Code §136.2 arising from a complaint, information, or an indictment charging a crime of domestic violence as defined in California Penal Code §13700. 2. "Court" means all divisions of the Superior Court of the County of Stanislaus. 3. "Cases involving child custody and visitation" include family (dissolutions, legal separations, nullities, Domestic Violence Prevention Act, parentage, petition for custody and support, Title IV-D child support matters where custody or visitation is an issue, and any other Family Law matters related to custody or visitation), juvenile and probate guardianship proceedings. 4. All references in this Protocol to Family Court include any division of the Superior Court, hearing matters involving child custody and visitation, including Juvenile Court and Probate Court. 5. "CLETS Restraining Orders" include personal conduct, residence exclusion, stay away, and other orders issued under the Domestic Violence Prevention Act in the Family Code or Section 213.5 of the Welfare & Institutions Code. B. Purposes This protocol is intended to set forth the procedures for communication and sharing regarding the issuance of Criminal Court protective orders and civil restraining orders, including those orders involving child custody and visitation, where the same restrained person and protected person are involved in both orders. It is important to permit appropriate visitation between a criminal defendant and their children pursuant to civil court orders, while simultaneously to provide for the safety of the protected person or witness by ensuring that a criminal court protective order is not violated. Since there are large numbers of cases in the criminal courts that relate to matters in the Family, Juvenile, or Probate Courts, it is vital that a process exists for communication and information sharing between the divisions of the Court dealing with the same parties and families, as well as a process for the modification of orders, to ensure consistency between various court protective orders. C. Procedure in the Criminal Domestic Violence Court 1. Where the Restrained and Protected Persons have Children Together When the Criminal Court issues Criminal Protective Orders protecting Victim(s), the Criminal Court shall inquire of the defendant (restrained person) whether there are any children of the relationship between the defendant and the protected person, and whether there are any Court Orders for custody/visitation of those children. If there are children, the Criminal Court shall consider whether peaceful contact should be allowed for purposes of visitation of the defendant with the children and shall give the Restrained Person Pamphlet containing informational material to the defendant concerning their rights to request a modification of the Criminal Protective Order. The Criminal Court shall also inquire as to whether there are any other protective/restraining orders involving the defendant, protected person and/or the witness. Subject to available resources, the Court shall examine the Court's local database for existing protective or restraining orders before issuing permanent orders. Court personnel shall relate the identified cases in the Court's local database to ensure future identification of these cases. When the Protected Persons Include Minor Children of the Restrained Person When the Criminal Court issues No Contact and/or a Stay Away Orders from the minor children of the defendant, the Criminal Court shall forward a copy of the issued criminal protective order to the Family Law, Probate or Juvenile Division for placement in the related file. 2. When the Protected Person is Present in the Criminal Court If the protected person is present in Criminal Court when the Criminal Protective Order is issued, the Court shall provide the victim with a copy of the Criminal Protective Order, along with a Protected Person Pamphlet. If the protected person is not present in Court, the District Attorney's Office will provide the victim with a copy of the Criminal Protective Order, along with a Protected Person Pamphlet. The Protected Person Pamphlet shall advise the protected person of their rights to request restraining orders, custody and visitation orders, and child support orders through the appropriate Court. 3. Modification of Criminal Protective Orders in Criminal Court Because Criminal Protective Orders take precedence over Family Law Protective Orders, it is important that the process of modification be easily available. a. The District Attorney's Office may, at any time, place the issue before the Court at the request of a protected person or the Family, Juvenile or Probate Court. b. The Probation Department may place the issue before the Court on the probation review calendar at the request of a defendant, protected person, or the Family, Juvenile or Probate Court. c. The defendant or their counsel may place the issue before the Court on the probation review calendar. d. An Application for Modification of Criminal Protective Order allows a defendant, protected person, another court or any other appropriate agency (see (f)) to request the Criminal Court to place the case on calendar to consider a request to modify the protective order. This form will be available in the Family Law, Probate, Juvenile and Criminal Court Clerk's Office, the Family Law Facilitator's Office, and any other appropriate agencies. e. Upon a proper request pursuant to this protocol, the appropriate Criminal Court may place the matter on calendar on its own motion. f. Copies of any applicable CLETS restraining orders and custody and visitation orders shall be attached to the Application to Modify Criminal Protective Order. The District Attorney, Probation, Defendant or their attorney, Protected Person or their attorney or any other division of the Court, may present the Application to Modify Criminal Protective Order to the Criminal Court. The application shall contain the case numbers of both the Criminal case and any Family, Juvenile, or Probate cases involving the defendant and the protected person and must be signed by the appropriate Judge prior to being presented to the Criminal Clerk's Office for scheduling of the hearing. The submitting party will provide copies of the application, which shall be placed in the applicable court files. The requesting party shall complete personal service no less than ten (10) calendar days before the hearing on the defendant and all other appropriate parties and agencies, including the District Attorney's Office, the Probation Department, and Defense Counsel. If someone other than the Protected Person submits the application, the District Attorney shall send a copy of the Application to the protected person at their last known address. If the Protected Person submits the application, the Sheriff's Office shall include service of these documents with their current process for civil restraining order service. 4. Procedure After the Criminal Court Hearing on Modification After the hearing on modification of the protective order, the Criminal Court shall provide copies of the Modified Protective Order or Minute Order denying the Motion to Modify Criminal Protective Order to the applicable Family, Juvenile, or Probate Court for inclusion in its file(s). If the application was submitted by someone other than the Protected Person, the District Attorney shall send a copy of the new Criminal Protective Order or the Minute Order denying the Motion to Modify Criminal Protective Order to the protected person at their last known address. D. Procedure in Family, Juvenile and Probate Courts 1. Criminal Record Information to be made Available to the Family Court Subject to available resources, the Family, Juvenile, and Probate Courts shall review the Court's local database for existing restraining/protective orders involving the same restrained and protected parties, before issuing permanent CLETS Restraining Orders. 2. Provisions for Safe Access to Children Any order of the Family, Juvenile, or Probate Court that permits contact between a restrained person subject to CLETS restraining orders and their children shall contain specific language setting forth the schedule for such contact and the safe exchange of the children. Such an order shall not contain language that conflicts with a Criminal Protective Order that provides for no contact, or limits access to, the other parent. The Court or a Court-related agency may, however, recommend contact and direct the defendant (restrained person) to the Family Court process for modification of the order. E. Communication between the Courts and Related Agencies 1. Subject to available resources, any Court issuing protective/restraining orders must make reasonable inquiries to determine the existence of other protective/restraining orders involving children of the protected and restrained parties in the Court's local database. 2. Any division of the Superior Court may provide copies of Criminal Protective Orders, CLETS Restraining Orders, Court Minutes, and applicable custody and visitation orders to other divisions of the Court. If any of such orders are confidential, they shall be sent in an envelope labeled Confidential and they shall not be made available to the public. Confidential orders will be stamped as "CONFIDENTIAL" and will be kept in confidential document envelopes according to current Stanislaus County Superior Court policy. 3. Subject to appropriate confidentiality requirements, the Court may, upon written request, provide copies of CLETS Civil or Criminal Restraining Orders, along with applicable custody and visitation orders, to related agencies, including Probation, County or State Parole, and Community Services Agency (CSA). (7/1/07, 7/1/24)

Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.