California Constitution Article I § 14 – Felonies shall be prosecuted as provided by law, either by indictment …
Terms Used In California Constitution Article I § 14 - Felonies shall be prosecuted as provided by law, either by indictment ...
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Felonies shall be prosecuted as provided by law, either by indictment or, after examination and commitment by a magistrate, by information.
A person charged with a felony by complaint subscribed under penalty of perjury and on file in a court in the county where the felony is triable shall be taken without unnecessary delay before a magistrate of that court. The magistrate shall immediately give the defendant a copy of the complaint, inform the defendant of the defendant’s right to counsel, allow the defendant a reasonable time to send for counsel, and on the defendant’s request read the complaint to the defendant. On the defendant’s request the magistrate shall require a peace officer to transmit within the county where the court is located a message to counsel named by defendant.
A person unable to understand English who is charged with a crime has a right to an interpreter throughout the proceedings.
(Sec. 14 added Nov. 5, 1974, by Prop. 7. Res.Ch. 90, 1974.)