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.

• § 1490 — See also Cal
• § 1491 — See also Cal
• § 1492 — See also Cal
• § 1493 — See also Cal
• § 1494 — See also Cal
• § 1495 — See also Cal
• § 1496 — See also Cal
• § 1497 — See also Cal
• § 1498 — See also Cal
• § 1499 — See also Cal
• § 15.10 — Complaint Defined
• § 15.20 — Issuance of Summons or Warrant on Complaint
• § 15.30 — Judge May Require Witnesses to Appear
• § 15.40 — Summons or Warrant on Indictment; When
• § 15.50 — Warrant; Form, Who May Accept
• § 15.60 — Summons; Form
• § 15.70 — Execution of Warrant: When and By Whom
• § 15.80 — Warrant: Return; Unexecuted Warrant Revived by Prosecutor
• § 150.10 — Non-applicability to Property Subject to Seizure and Destruction Under OtherLaw
• § 150.20 — Attorney General to Establish Rules for Return of Property Not Needed as Evidence
• § 150.30 — Application for Release of Property if No Criminal Action Forthcoming; Notice, Hearing
• § 150.40 — Court May Order Release: Who May Make Motion; Notice
• § 150.50 — Release of Property in Custody
• § 1500 — See also Cal
• § 1501 — See also Cal
• § 1502 — See also Cal
• § 1503 — See also Cal
• § 1506 — Because of the Supreme Court decision in Territory of Guam v
• § 1523 — Subsection (b) is substantively the same as a portion of Subdivision (h) of former Rule 41
• § 1530 — In some circumstances, an officer will require the aid or another person intaking an inventory of the property taken
• § 1531 — See generally 8A Moore, Federal Practice &41.06[1] (discussion of identical requirement of announcement)
• § 16.30 — This decision is also reflected in Model Penal Code § 1.06 and 1 New Jersey Criminal Law Revision Commission, New Jersey
• § 160.10 — Short Title
• § 160.100 — Notice to Victims of Crimes; Explanation of Appeal Process; Rights of Victim if Conviction Reversed
• § 160.110 — Request for Notice by Victim; ExemptionofVictim’s Address and Telephone Number from Disclosure
• § 160.120 — Notice of Escape
• § 160.130 — Notice to Victim by Juvenile Agency; Escape by Juvenile
• § 160.140 — Right of Victim to Address or Submit Statement to Parole Board; Notice of Pending Review and Victim’s Rights; Representation of Counsel; Notice, Objection to Pardons
• § 160.150 — Notice of Final Disposition of Case
• § 160.160 — Cause of Action Not Created
• § 160.170 — Failure to Provide Right, Privilege, or Notice to Victim
• § 160.20 — Legislative Intent
• § 160.200 — Effective Date of Chapter; Applicability
• § 160.201 — Severability
• § 160.30 — Definitions
• § 160.40 — Eligibility of Victims
• § 160.45 — Victim’s Right to Receive Notices
• § 160.50 — Basic Bill of Rights for Victims
• § 160.60 — Responsibility for Rights and Services
• § 160.70 — Intergovernmental Cooperation
• § 160.80 — Chapter to Benefit Victim not Offenders
• § 160.90 — Conversion of Community Service to Fines
• § 160.91 — Address and Phone Number of Crime Victim not to be in Court File or Documents; Exemption from Disclosure; Exception
• § 160.92 — Right of Victim to Address or Submit Statement to Parole Board; Notice of Pending Review and Victim’s Rights; Representation of Counsel; Notice, Objection to Pardons
• § 160.93 — Discharge or Discipline of Victim by Employer or Employer’s Agent as Violation; Penalty
• § 160.94 — Local Witness and Victim Protection Program Guidelines
• § 160.95 — Plea Agreement Provisions for Victims
• § 1606 — NOTE: Section 45.50 is based on 18 U.S.C.A
• § 161.10 — Definitions
• § 161.100 — Recovery from Collateral Source
• § 161.101 — Sale of Recollections, Thoughts, and Feelings of Convicted Person
• § 161.105 — Legal Advisor
• § 161.110 — Exemption from Execution
• § 161.115 — Survival and Abatement
• § 161.120 — Rule-making Powers
• § 161.125 — Commission Staff
• § 161.130 — Annual Report
• § 161.15 — Creation of the Criminal Injuries Compensation Commission
• § 161.20 — Tenure and Compensation of Members
• § 161.25 — Powers and Procedures of Commission
• § 161.30 — Hearings and Evidence
• § 161.35 — Medical Examination
• § 161.40 — Attorney Fees
• § 161.45 — Reconsideration by Commission; Judicial Review
• § 161.50 — Eligibility for Compensation
• § 161.55 — Violent Crimes
• § 161.60 — Award of Compensation
• § 161.70 — Recovery from Offender
• § 161.71 — Fines Imposed on Offenders
• § 161.75 — Eligibility for Compensation
• § 161.80 — Award of Compensation
• § 161.85 — Terms of Order
• § 161.90 — Limitations Upon Award of Compensation
• § 161.95 — Criminal Injuries Compensation Fund; When Payment Authorized
• § 162.01 — Short Title
• § 162.10 — Definitions
• § 162.20 — Perpetrator Assumes Risks of Loss, Injury or Death
• § 162.30 — Guilty Verdict or Plea Constitutes Proof of Assumption of Risk
• § 162.40 — Perpetrator to Pay Reasonable Expenses of the Victim
• § 162.50 — Stay of Relief During Criminal Action Against Plaintiff
• § 162.60 — Severability
• § 163.10 — Short Title
• § 163.20 — Legislative Findings and Intent
• § 163.30 — Definition of Sexual Assault
• § 163.40 — Bill of Rights
• § 163.50 — Notice of Rights
• § 163.60 — Severability
• § 164.10 — Definitions
• § 164.20 — Summoning Witness in this State to Testify in Another State
• § 164.30 — Witness from Another State Summoned to Testify in this State
• § 164.40 — Exemption from Arrest and Service of Process
• § 164.50 — Uniformity of Interpretation
• § 2 — Repealed by P.L
• § 20.10 — Arrest Defined
• § 20.100 — Severability
• § 20.15 — Peace Officer Arresting Without Warrant; Circum- stances
• § 20.20 — Citizens Arrest; When, Circumstances
• § 20.25 — Arresting Person May Summon Aid
• § 20.30 — Arrest May be Made Day or Night
• § 20.35 — Formalities in Making Arrest; Exceptions
• § 20.40 — Possession of Warrant not Required by Peace Officer if Warrant Exists
• § 20.45 — Peace Officer May Use Force to Prevent Escape or Overcome Resistance
• § 20.50 — Forced Entry to Make Arrest Allowed after Notice, and Refusal
• § 20.55 — Weapons to be Taken From Arrestee
• § 20.60 — “Stationhouse” Release Formalized and Permitted
• § 20.65 — Right of Arrestee to see Lawyer; Penalty for Refusal
• § 20.70 — Online Warrant Repository/Registry
• § 20.75 — Online Warrant Repository/Registry: Information that is Posted On The Internet
• § 20.80 — Redaction of Information on the Online Warrant Repository/Registry
• § 20.85 — Standards
• § 20.90 — Limitations of the Online Warrant Repository
• § 20.95 — Mistakes and Limited Liability
• § 22105 — (2) The prospective juror is related by blood or marriage within the second degree to the defendant, the person alleged to be injured by the offense charged or on whose complaint the prosecution was commenced, or a prospective witness or any attorney representing a party in the action, or the prospe
• § 222 — Section 60.10 does not provide a specific time for arraignment but rather requires a “prompt” arraignment and relies on the general rule against unreasonable delay and a right to a speedy trial
• § 25.10 — Release Without Appearance Before Judge: Regulated by This Chapter
• § 25.20 — Notice to Appear: Form; Permitted
• § 25.30 — Notice to Appear: Where Delivered
• § 25.40 — Warrant to be Issued Upon Failure to Appear After Signing Notice to Appear
• § 25.50 — Willful Failure to Appear: Felony if Offense Underlying Notice is Felony; Misdemeanor if Offense Misdemeanor
• § 3.2 — Rarely, if ever, will the complaint required by § 15.10 be sufficient to show probable cause
• § 30.10 — Detention Permitted; Standards
• § 30.20 — Detention; Purpose Defined, Limited
• § 30.30 — Time and Place Limitations Upon Detention
• § 30.40 — When Arrest Permitted; Release Required
• § 30.50 — Weapons Search Permitted
• § 30.60 — Limitations Upon Admissibility of Seized Evidence
• § 31.45 — COURT DECISIONS: DISTRICT COURT, APP
• § 3148 — Compare former Rule 46(a)(2) and former §§ 1272 and 1273
• § 3150 — See also ABA, Project on Minimum Standards for Criminal Justice Pretrial Release § 1.3 (Approved draft 1968)
• § 35.10 — Search WarrantDefined
• § 35.15 — What a Warrant May be Issued For
• § 35.20 — When Warrant Issued; Executed; Grounds
• § 35.25 — Who May Execute
• § 35.30 — Forced Entry of Premises; After Notice and Refusal
• § 35.35 — Warrant and Receipt Required to be Given
• § 35.40 — Custody of Seized Property
• § 35.45 — Return of Seized Property; How Sought
• § 35.50 — Documents to be Filed by Judge
• § 3500 — California law demands that a complete transcript be provided in every case where an indictment is returned
• § 393 — The section applies to views of the scene where the offense or any other material fact is alleged to have occurred, or a view of any personal property referred to in the evidence which cannot conveniently be brought into the courtroom
• § 4 — However, the remainder of the section completely reverses prior law
• § 40.10 — Release on Bail Generally Permitted
• § 40.15 — Release on Own Recognizance Defined; When Permitted
• § 40.20 — Bail Conditions; Defined, When to be Used
• § 40.25 — Solvency of Sureties to be Assured; Procedure
• § 40.30 — Procedure Where Surety Loses Worth
• § 40.35 — How Surety May be Exonerated; Deposit Sum With Clerk
• § 40.40 — Procedure for Handling Cash Bail
• § 40.45 — Bail Bondsman May Arrest Person
• § 40.50 — Bail Redetermination Hearing; When; Procedure
• § 40.55 — Statement to Arrestee Upon Release With Condi- tions
• § 40.60 — Additional Restrictions May be Applied; Application by Prosecutor; Additional Restrictions Listed
• § 40.65 — Retaking of Defendant Upon Violation of Conditions
• § 40.70 — Warrant Upon Failure to Appear
• § 40.75 — The defendant must have an indictment or information filed against him before Subsection (b) can be a ground for bail revocation
• § 40.80 — Appeal of Conditions Allowed
• § 40.85 — Release After Conviction Pending Appeal; Condi- tions
• § 40.90 — § 40.75 Actions Allowed Upon Violation of Conditions or Failure to Appear
• § 40.95 — Procedure Upon Forfeiture of Bail
• § 420 — COURT DECISIONS: C.A.9 1969
• § 45.10 — At the request of the prosecuting attorney any unexecuted warrant shall bereturned to the judge by whom it was issued and shall be cancelled by him
• § 45.20 — COMMENT: § 1.17 is based on § 738 of the California Penal Code
• § 45.30 — First Appearance; Statement by Court; Public Defender Allowed
• § 45.40 — Procedure When Public Defender Cannot Serve
• § 45.45 — Waiver of Indictment; of Preliminary Examination
• § 45.50 — Preliminary Examination: Date; Purpose; None Required When Indictment Precedes
• § 45.60 — Preliminary Examination: Procedure
• § 45.70 — Preliminary Examination to be Recorded; Accessibility
• § 45.80 — The proceeding for a preliminary examination shall be commenced by a written complaint as provided by § 15.10 and
• § 5.10 — Preliminary Provisions and Rules of Construction to Govern
• § 5.13 — Headings of No Affect on Substance
• § 5.15 — References to Laws or Codes Include Amendments Thereto
• § 5.17 — Tenses
• § 5.19 — Gender
• § 5.21 — Number
• § 5.23 — Shall and May Defined
• § 5.40 — Parts of Code Defined
• § 5.45 — Criminal Action
• § 5.50 — Criminal Action Defined
• § 5.55 — Peace Officer Defined
• § 5.56 — Peace Officers to Yield to Guam Police Department
• § 5.60 — Prosecuting Attorney Defined
• § 5.65 — Territory Defined
• § 50.10 — Number and summoning of Grand Jury
• § 50.14 — Challenging Array of Grand Jurors; When Motion to Dismiss COL050108 8 GCACRIMINAL PROCEDURE CH
• § 50.18 — Charging Grand Jury; Requesting Advice From Court
• § 50.22 — Foreman Appointed; Record Keeping
• § 50.26 — Who May be Present During Proceedings
• § 50.30 — Prosecuting Attorney To Request Recusal for Cause
• § 50.34 — Secrecy of Grand Jury; Exceptions