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.

• § 50.38 — Recording Grand Jury Proceedings
• § 50.42 — Evidence Presented to the Grand Jury
• § 50.46 — D.C
• § 50.50 — Immunity Provided For
• § 50.54 — Form of Indictment: Standards for Indicting
• § 50.62 — Term of Grand Jury; Exceptions
• § 55.10 — For dismissal for failure to file within the time prescribed, see
• § 55.15 — Surplusage
• § 55.20 — Amending Indictment or Information
• § 55.25 — Information or Indictment; When Original is Lost
• § 55.30 — “Bill of Particulars” Provided For; Conditions
• § 55.35 — Joinder of Offenses; 8 GCA Chapter 45
• § 55.40 — Prior Convictions to be Charged
• § 60.10 — When, How Arraignment Conducted
• § 60.20 — Identity of Defendant
• § 60.30 — Time to Answer Allowed Defendant
• § 60.40 — Pleas Which May be Entered
• § 60.50 — Advice to Defendant Upon Plea of Guilty or “Nolo.” The court shall not accept a plea of guilty or nolo contendere without first, by addressing the defendant personally in open court, informing him of and determining that he understands the following: (a) the nature of the charge to which the plea is
• § 60.60 — Voluntariness to be Determined
• § 60.70 — Factual Basis of Plea Required
• § 60.75 — Degree of Offense to be Determined Upon Plea
• § 60.80 — Plea Bargaining Regulated
• § 60.90 — Verbatim Record Required
• § 65.10 — Pleadings Allowed
• § 65.15 — (b) Nothing in Subsection (a) shall limit the right of a defendant to make a motion to suppress evidence in the court of
• § 65.17 — People v
• § 65.20 — “Omnibus Hearing” or General Hearings Allowed
• § 65.25 — When Discovery May be Requested
• § 65.30 — Joinder of Offenses Encouraged
• § 65.35 — When Severance Allowed
• § 65.40 — When Motions are to be Determined; By Whom
• § 65.45 — Failure to Raise Defenses or Objections; Consequences
• § 65.50 — Verbatim Record Required for All Motions
• § 65.55 — Defective Indictment or Information: Defendant May be Held Pending Refiling: Statute of Limitations Not Affected
• § 680.7 — Compare Cal
• § 686 — § 1.11 is not intended to be exclusive, see, e.g., Code Civ
• § 689 — Compare former § 689 which failed to refer to a jury verdict and contained an obsolete reference to a judgment upon a de
• § 7.22 — See generally 8 Moore, Federal Practice &12.03[1]-[3] (1974)
• § 70.10 — Matters Generally Discoverable; Prosecutors' Obliga- tions
• § 70.15 — Other Matters Discoverable Upon Good Cause Showing
• § 70.20 — Matters Not Subject to Discovery by Defendant
• § 70.25 — Matters Defense Must Disclose to Prosecutor, Upon Latter's Motion
• § 70.30 — Contents of Court Order
• § 70.35 — In Camera Matters
• § 70.40 — Continuing Duty to Disclose
• § 70.45 — Failure to Comply; Remedies
• § 70.50 — Depositions Allowed Generally; In Special Circum- stances
• § 70.55 — Presence of Defendant
• § 70.60 — Costs of Deposition Borne By Government; When
• § 70.65 — Procedure; Filing Information to be Given to Defendant
• § 70.70 — (h) To appeal
• § 70.75 — Unavailability Defined
• § 70.80 — Objections
• § 75.10 — Subpoena for Witness; Forms; Issuance
• § 75.15 — Subpoena for Indigent Defendant
• § 75.20 — Subpoena to Produce Evidence
• § 75.25 — Subpoenas; Who May Serve
• § 75.30 — Service Limits
• § 75.35 — Failure to Obey Subpoena
• § 75.40 — Material Witnesses
• § 75.45 — Grand Jury Subpoenas
• § 75.50 — Who are Competent Witnesses
• § 75.55 — Husband and Wife as Competent Witnesses; When
• § 75.60 — Subsection (f)
• § 75.70 — Discharge of Defendant to be a Witness
• § 75.80 — Sex Offense Case, Attendance of Supporting Persons at Testimony of Prosecuting Witness 17 Years of Age or Under
• § 75.85 — Child Witness Comfort, and Protection
• § 77103 — SOURCE: Added by P.L
• § 80.10 — Pretrial Conference
• § 80.20 — Clerk to Keep Calendar; Enumeration of Cases
• § 80.30 — Orderof Disposition
• § 80.40 — Defendant's Preparation Time
• § 80.50 — Criminal Trials Expedited;Precedence
• § 80.60 — If probable cause has not been shown, the complaint must be dismissed and the defendant discharged; however, Subsection (b) makes clear that such dismissal does not prejudice a new filing on the basis of new evidence
• § 80.65 — Expedited Trials of Sex Crimes Involving Minor Children as Victims orWitnesses; Continuance; Impact Statement
• § 80.70 — When Prosecutor, Defendant, Court May Dismiss
• § 80.75 — Upon Dismissal Defendant to be Released to Bail Exonerated
• § 80.80 — Subsection (a) authorizes an application for dismissal by the prosecuting attorney only
• § 80.90 — Misdemeanors May be Compromised; Procedure
• § 801 — See also §§ 10.60 (time offense committed); 10.70 (time prosecution commenced).
• § 802 — It adopts the approach recommended by the New Jersey Criminal Law Revision Commission and eliminates the need for special tolling provisions by permitting the prosecuting attorney to file a complaint (or indictment) and have a warrant issued and thereby stop the running of any period of limitations
• § 803 — See also Model Penal Code § 1.06(5); 1 New Jersey Criminal Law Revision Commission, New Jersey Penal Code § 2C:1-6(e) (Final Report 1971)
• § 804 — See also Fed
• § 805 — However, Subsection (a) has been revised to make reference to the defendant's first appearance
• § 805a — See also Fed
• § 805c — See also Fed
• § 810 — See also Cal
• § 825 — (See Cal
• § 835 — The former section referred to the "defendant" and "officer." However, at the time of the arrest, the person arrested may not be a "defendant" and the person making the arrest may not be an "officer." COL 6/21/2023 8 GCA CRIMINAL PROCEDURE CH
• § 837 — See generally B
• § 839 — See generally B
• § 840 — See generally B
• § 842 — In form, the section is based on § 842 of the California Penal Code
• § 844 — See generally B
• § 846 — The second sentence of former § 846 is deleted
• § 849 — Subsection (b) is added to satisfy the requirement of a judicial determination of probable cause set forth in Gerstein v
• § 85.10 — Waiver of Jury Trial Must be With Consent of Government and Approval of Court
• § 85.15 — Six (6) Member Juries; When Twelve (12) May be Requested
• § 85.20 — Voir Dire
• § 85.25 — Peremptory Challenge Defined
• § 85.30 — Peremptory Challenges; Number Available
• § 85.35 — Challenge for Cause: Reasons; Who May Take
• § 85.40 — Order of Challenge; Full Panel Before Peremptory Challenges; When Panel Sworn
• § 85.45 — Alternate Jurors
• § 860 — See also former
• § 872 — It should be noted, however, that where a preliminary examination is waived, there is no provision in this section or elsewhere for holding an examination despite the waiver
• § 90.10 — Judge to Control Trial
• § 90.13 — Order of Trial
• § 90.16 — One (1) Counsel to Argue; Exception Allowed
• § 90.19 — Jury Instructions; Time, Presentation
• § 90.21 — Proof of Each Element of Offense Required: Exceptions for Negation of Defense; Affirmative Defense
• § 90.23 — Reasonable Doubt:Defined; May be Read to Jury Verbatim
• § 90.25 — Degree of Offense; How Determined
• § 90.27 — Included Offense to be Given Jury
• § 90.29 — Evidence Taken Outside of Court Room
• § 90.31 — Court to Decide Questions of Law
• § 90.34 — Inability of Sitting Judge to Proceed
• § 90.37 — Inability to Hear Post-Conviction Motions
• § 90.40 — Control of Sworn Jurors
• § 90.43 — Duty of Jurors Not to Converse, etc
• § 90.46 — Jurors to be Provided With Food, Lodging
• § 91.01 — Exclusion of Public from Trial for Sex Offenses Involving Minors Under Age of Eighteen
• § 91.02 — Exclusion of Public from Trial of Criminal Proceeding Involving Husband and Wife
• § 91.03 — Exclusion of Public from Trial Involving Crime of Incest, Child Pornography orCriminal Sexual Conduct
• § 91.04 — Compelling InterestMust Justify Closure
• § 939.7 — The basic principle is also expressed in ABA, Project on Standards for Criminal Justice the Prosecution Function and Def
• § 939.8 — The term "indictable offense" means a felony or a felony and a related misdemeanor
• § 95.10 — Evidence to be Taken in Open Court; Competency as in Civil Actions Unless Stated Differently in Law
• § 95.15 — Establishment of Prior Convictions
• § 95.20 — Corroboration Required in Certain Crimes
• § 95.30 — Overt Act Required for Conspiracy Conviction
• § 95.40 — Proof of Marriage in Bigamy Trial
• § 95.50 — Corroboration in Trial for Compelling Prostitution
• § 95.60 — Proof in Trials for Illegal Lottery
• § 95.75 — Proof of Official Record or Lack
• § 95.80 — Determination of Foreign Law
• § 95.85 — Appointment of Expert Witnesses by Court
• § 95.90 — Appointment by Court of Interpreter
• § 969b — See § 95.75 (proof of official records)
• § 976 — See generally B
• § 987 — See generally 8 Moore, Federal Practice § 5.03 (2d ed
• § 988 — See generally 8 Moore, Federal Practice ¶¶10.01-10.03 (1974); B
• § 989 — See generally B
• § 990 — See generally B