California · Penal Code

PEN §1012: When any of the objections mentioned in Section 1004 appears on the face of the accusatory pleading, it can be taken only by demurrer, and failure so to take it shall be deemed a waiver thereof, excep

Civil

What this law says, in plain English

This statute establishes procedural rules for raising objections to criminal charges. Objections visible in the charging document must be raised by demurrer or are waived, except jurisdiction and sufficiency-of-facts objections may be raised by motion in arrest of judgment.

Read the full statutory text

When any of the objections mentioned in Section 1004 appears on the face of the accusatory pleading, it can be taken only by demurrer, and failure so to take it shall be deemed a waiver thereof, except that the objection to the jurisdiction of the court and the objection that the facts stated do not constitute a public offense may be taken by motion in arrest of judgment.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.