Guam

Guam Code Annotated Title 8 — Criminal Procedure

544 sections, each with the official text and a plain-English explanation of what it means for you.

• § 1.01 — Short Title
• § 1.05 — Severability Clause
• § 1.07 — General Applicability; Court Rules
• § 1.09 — Traffic Court Rules to be Adopted by Judicial Council; De Novo Appeal allowed to Superior Court
• § 1.11 — Rights of Defendant Enumerated
• § 1.13 — Presence of Defendant: When Mandatory, Permissive
• § 1.15 — Indictments; When Required
• § 1.17 — Preliminary Examination: When Required, Waived
• § 1.19 — Conviction Only by Verdict, Finding or Plea
• § 1.21 — Granting of Immunity: Procedure
• § 1.23 — Photographs, Broadcasting in Courtroom Permitted
• § 1.25 — Computation of Time
• § 1.27 — Motions to be in Writing; Exceptions
• § 1.29 — Motions: Service, Time, Filing With Court
• § 1.31 — Court Always Open
• § 10.10 — No Limit on Murder Prosecutions
• § 10.15 — Limitation on Sex Crimes, Kidnapping, Child Pornography and Family Violence
• § 10.16 — No Limitation on Sex Crimes Committed Against Victims Under the Age of Majority
• § 10.17 — No Limitation on Crimes of First or Second Degree Criminal Sexual Conduct
• § 10.20 — Statute of Limitation of Felonies
• § 10.25 — Definition of Age of Consent
• § 10.30 — All Other Non-Felonies - Limitation
• § 10.40 — Exception for Public Officers
• § 10.50 — When Time Stops Running Temporarily
• § 10.60 — When Offense Is Committed
• § 10.70 — Prosecution Commenced; When
• § 100.20 — Reservation of Decision; When Possible
• § 100.30 — Motion Made After Guilty Verdict or “Hung Jury”
• § 1044 — See also Cal
• § 1047 — See generally B
• § 1049 — See also Cal
• § 105.10 — ConductofJury After Receipt of Instructions
• § 105.14 — What Items Jury May Take With Them
• § 105.18 — Procedure for Hearing of Testimony Again, or Question
• § 105.22 — When Jury Can be Discharged
• § 105.24 — Instruction Options as to Juror's Duties
• § 105.26 — Court to be Available for Jury
• § 105.30 — Return of Verdict; Jury Poll
• § 105.34 — General Verdict: Special Verdict: Forms
• § 105.38 — Special Verdict; Judgment on
• § 105.42 — Special Verdict; Defect or Insufficiency
• § 105.46 — Finding of Fact of Prior Convictions
• § 105.54 — Jury to Determine Degree of Offense
• § 105.58 — Guilt of Included Offense Permitted: Defined
• § 105.62 — Multiple Defendants: Jury May Find as to One (1) Only; New Trial as to Others
• § 105.66 — Reconsideration of Verdict, When Allowed; Conditions
• § 105.70 — Informal Verdict; Judgment Thereon
• § 105.74 — Clear Verdict to be Recorded by Clerk
• § 105.78 — Trial Without Jury; Findings Required
• § 1053 — See generally 8 Moore, Federal Practice &&25.01-25.03 (1974); B
• § 1078 — See generally 8 Moore, Federal Practice &24.03(1974); B
• § 1089 — See generally 8 Moore, Federal Practice &24.05 (1974); B
• § 1094 — Subsection (b) has been revised to make clear that the reading of the accusatory pleading must not include a reference to any previous convictions under any circumstances
• § 1095 — It makes clear that one counsel is permitted to argue the cause for each party (rather than each Aside@) and permits add
• § 1096 — Rules as to pleading and proof of Adefenses@are set forth in Subsection (b), which requires the prosecution to negative such a defense by proof only when the evidence at the trial is sufficient to raise a reasonable doubt on the issue
• § 1097 — See generally B
• § 11.10 — Expungement: When
• § 11.11 — Same: Defined.As used in this Act, expungementmeans the sealing of records to all persons outside of the law enforcement
• § 110.10 — New Trial Defined
• § 110.20 — Consequences of Granting a New Trial
• § 110.30 — Grounds for Granting New Trial, Time Limits
• § 1102 — See, e.g.,§§ 1.11, 60.80 (inadmissibility of plea discussions), 95.15-95.80
• § 1103a — It has been revised to conform in part to § 1103a of the California Penal Code and also to include the new offenses of official false swearing (Section 52.20) and unsworn falsification (§ 52.30) added to the Criminal and Correctional Code
• § 1104 — See also Cal
• § 1106 — See also Cal
• § 1108 — The section is revised to conform to the provisions of § 28.30 of the Criminal and Correctional Code relating to compelling prostitution
• § 1109 — See also Cal
• § 1124 — See also Cal
• § 115.10 — Grounds for Arrest of Judgment; Time Limit
• § 115.20 — Effect of Order
• § 115.30 — Defendant; When to be Held or Discharged
• § 1150 — The section has been amended, however, to include appropriate references to both a verdict (by the jury) or findings (by the court), to a judgment of acquittal where evidence of mental illness has been introduced, to a judgment imposing a fine only in Subsection (b), and to a new indictment or infor
• § 1151 — See also Cal
• § 1152 — For Rule 32(a) did not provide specific time limits for pronouncing sentence but merely required that sentence be imposed without unreasonable delay
• § 1158 — See also § 90.13 (reading of accusatory pleading not to include reference to prior convictions).
• § 1160 — Subsection (b) of § 105.62 is substantively the same as the second paragraph of § 1160 of the California Penal Code
• § 1167 — See generally 8 Moore, Federal Practice &23.05 (1974); B
• § 1187 — Compare Cal
• § 1188 — Compare Cal
• § 1192.1 — The section should, however, have limited applicability under the procedures provided by this Code and the classifications provided by the new Criminal and Correctional Code
• § 120.10 — Judgment for Defendant: Discharge; Exceptions
• § 120.14 — Judgment of Guilty: Time for Sentencing; Extensions
• § 120.15 — Judgment of Guilty: Special Assessment
• § 120.18 — Conviction: Form: Procedure on Acquittal
• § 120.201 — Title
• § 120.202 — DNA Testing Requirements
• § 120.203 — Mandated Central Criminal Records Repository for DNA Sampling
• § 120.204 — Reporting to CODIS
• § 120.205 — Operations and Budget
• § 120.22 — Judgment of Criminal Forfeiture: Attorney General to Seize Property or Money
• § 120.26 — Counsel and Defendant Permitted to Speak Before Sentence Imposed
• § 120.30 — Advice of Right to Appeal: When Court Must Give
• § 120.34 — Copy of Judgment to be Given Officer Executing Same
• § 120.38 — Confinement: Delivery to Director of Correction
• § 120.42 — Motion to Withdraw Plea: When Permitted
• § 120.46 — COMMENT: Section 1.13 is substantially the same as former Rule 43 and former
• § 120.50 — Clerical Errors; May be Corrected Any Time
• § 120.60 — Medical Examinations of Those Convicted of Criminal Sexual Abuse and Services to Victims of Criminal Sexual Conduct
• § 1213 — The "officer whose duty it is to execute such judgment" may include the Director of Corrections in the case of total or partial confinement or a probation officer in the case of a supervised probation
• § 1239 — See also former §§ 1248 and 1249 (compare second sentence of Subsection (a) of § 130.35.).
• § 1242 — See also Cal
• § 1262 — Contrast Cal
• § 130.10 — COL08222024 8 GCA CRIMINAL PROCEDURE CH
• § 130.15 — Appeals Allowed by Defendant
• § 130.20 — Appeals Allowed by Government
• § 130.25 — Appeal by Government: No Stay of Judgment Favorable to Defendant
• § 130.30 — Stay of Sentence When Defendant Appeals
• § 130.35 — Appeal: How Taken: Form
• § 130.40 — (d) Papers required to be served shall be filed with the court
• § 130.45 — Record on Appeal: Contents
• § 130.50 — De Minimis Rule: Plain Error Rule
• § 130.55 — Exceptions Unnecessary: Objections Required; Exceptions
• § 130.60 — Actions Permitted of Appellate Court
• § 130.65 — Defendant: When to be Discharged Upon Reversal
• § 130.70 — Affirmance: Original Judgment Enforced
• § 130.75 — Judgment on Appeal: How Entered and Remitted
• § 130.80 — Appellate Court Jurisdiction Ceases Upon Remittance of Judgment to Lower Court
• § 1300 — Under the procedures provided by this Chapter it is COL6/24/2021 8 GCA CRIMINAL PROCEDURE CH
• § 1305 — However, these reasons are neither exhaustive nor necessarily compelling
• § 1306 — ---------- COL6/24/2021
• § 1310 — Under Subsection (a), the court is granted rather broad authority to modify its prior release order on a showing that such modification is needed
• § 1320 — For provisions relating to appeal from an adverse ruling by the judge, see
• § 1321 — COURT DECISIONS: AThere is no basis for engrafting a subsequent California constitutional change imposed by California's Voters onto Guam common law.@[Issue of whether Guam law required an interpreter unless such was expressly waived by the Defendant.] People v
• § 1323 — Compare Cal
• § 1324 — The procedure is a useful one and its substance appears in the laws of most states
• § 1332 — For provisions relating to depositions, see §§ 70.50- 70.80.
• § 1340 — The defendant is, of course, entitled to be represented by counsel at the deposition taking but this matter is now covered generally by § 1.11 (defendant's right to counsel)
• § 1345 — There are, however, certain differences
• § 135.10 — Writ of Habeas Corpus Allowed; Generally
• § 135.12 — Petition for Writ: To Whom Addressed; Form; Contents
• § 135.14 — Application for Writ: Verification; Prior Applications to be Stated; Service Upon Attorney General
• § 135.16 — Issuance of Writ: Release Pending Determination
• § 135.18 — Writ: To Whom Directed
• § 135.22 — Consequences of Failure to Honor Writ
• § 135.24 — Return of Writ: What Must be Stated
• § 135.26 — § 135.30.Hearing to be Held Immediately After Return of Writ
• § 135.30 — Hearing to be Held Immediately After Return of Writ
• § 135.32 — Proceedings at Hearing: Evidence to be Produced
• § 135.34 — Discharge of Defendant: When; Upon Showing of Illegal Restraint
• § 135.36 — When Defendant to be Remanded to Custody
• § 135.38 — When Defendant May be Discharged if Held Under Process From Guam Courts
• § 135.40 — No Discharge Upon Mere Defect in Commitment Order
• § 135.42 — Defect in Form: Procedure Where Person Appears Guilty of an Offense
• § 135.44 — Writ Available for Determination of Bail ifNot Done Pursuant to Chapter 40
• § 135.46 — Release Under Chapter 40 Allowed
• § 135.48 — Defendant Not Entitled to Discharge Remand
• § 135.50 — If Another Person Entitled to Custody of Person, Court May Transfer Custody From Improper to Proper Person
• § 135.52 — Person May be Detained Pending Judgment on Return
• § 135.54 — Defect in Writ No Excuse to Ignore
• § 135.56 — No Recommitment for Same Offense: Exceptions
• § 135.58 — Procedure if Applicant May Leave Territory
• § 135.60 — Apprehension of Person Charged Allowed Under
• § 135.62 — Executing Officer to Bring Persons Named to Court (Applicable to§ 135.58 only)
• § 135.64 — Return in § 135.58 Cases Same as in Other Cases
• § 135.66 — Person Discharged if Custody Illegal; Remanded if Legal
• § 135.68 — Service to be Made Any Time of Day or Night
• § 135.70 — Writs, etc.: Form, Seal; Return to be “Forthwith”
• § 135.74 — Appeal by Attorney General: No Release Pending Appeal: Bail Permitted
• § 1384 — The term Adepositor@includes the defendant, of course
• § 1385 — Compare Fed
• § 1386 — See also Cal
• § 1396 — See also Fed
• § 14.83 — See also Cal
• § 140.10 — Short Title
• § 140.12 — Definitions
• § 140.14 — Conditions of Release
• § 140.16 — Non-waiver by Guam
• § 140.20 — Arrest Without Warrant
• § 140.22 — Issuance of Process or Arrest Warrant Before Receipt of Demand or Request
• § 140.24 — Appearance Prior to Receipt of Demand or Request
• § 140.26 — Extension of Time
• § 140.30 — Demand for Extradition
• § 140.31 — Supporting Documentation
• § 140.32 — Governor’s Investigation
• § 140.33 — Extradition of Persons Imprisoned or Awaiting Trial
• § 140.34 — Governor’s Warrant
• § 140.35 — Rights of Demanded Persons
• § 140.36 — Judicial Extradition Hearing
• § 140.40 — Request for Rendition
• § 140.41 — Supporting Documentation
• § 140.42 — Filing of Request
• § 140.43 — Issuance of Arrest Warrant or Process
• § 140.44 — Rights of Requested Person
• § 140.45 — Judicial Rendition Hearing
• § 140.50 — Order to Transfer Custody
• § 140.51 — Confinement
• § 140.52 — Cost of Return
• § 140.53 — Applicability of Other Law
• § 140.54 — Payment of Transportation and Subsistence Costs
• § 140.55 — Uniformity of Application and Construction
• § 1411 — Section 2
• § 1473 — See also Cal
• § 1474 — See also Cal
• § 1475 — The California section has a lengthy provision which precludes a new application for a writ to the same court unless there has been a change in the facts or law
• § 1482 — See also Cal
• § 1484 — See also Cal
• § 1485 — See also Cal
• § 1487 — See also Cal
• § 1488 — See also Cal
• § 1489 — See also Cal