California § 40306 - Whenever a person is arrested for a misdemeanor or an infraction and is taken bef

Full text of California Public Contract Code - PCC § 40306 — Whenever a person is arrested for a misdemeanor or an infraction and is taken bef, with citation guidance and answers to common questions.

§ 40306. Whenever a person is arrested for a misdemeanor or an infraction and is taken bef

(a) Whenever a person is arrested for a misdemeanor or an infraction and is taken before a magistrate, the arresting officer shall file with the magistrate a complaint stating the offense with which the person is charged. (b) The person taken before a magistrate shall be entitled to at least five days continuance of his case in which to plead and prepare for trial and the person shall not be required to plead or be tried within the five days unless he waives such time in writing or in open court. (c) The person taken before a magistrate shall thereupon be released from custody upon his own recognizance or upon such bail as the magistrate may fix.

Source: official California text · Last verified 2026-08-27

Frequently Asked Questions About California § 40306

What does Public Contract Code - PCC § 40306 cover?

Section 40306 ("Whenever a person is arrested for a misdemeanor or an infraction and is taken bef") is part of the Public Contract Code - PCC, the codified statutory law of California. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite California § 40306?

A common citation format is "Public Contract Code - PCC § 40306" (California). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of California law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the California official source linked on this page or consult a licensed California attorney.

How does California § 40306 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in California can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in California.