Proceedings upon felony complaint; waiver of hearing; action to be taken
§ 180.30 Proceedings upon felony complaint; waiver of hearing; action to
be taken.
If the defendant waives a hearing upon the felony complaint, the court must either:
1. Order that the defendant be held for the action of a grand jury of the appropriate superior court with respect to the charge or charges contained in the felony complaint. In such case, the court must promptly transmit to such superior court the order, the felony complaint, the supporting depositions and all other pertinent documents. Until such papers are received by the superior court, the action is deemed to be still pending in the local criminal court; or
2. Make inquiry, pursuant to section 180.50, for the purpose of determining whether the felony complaint should be dismissed and an information, a prosecutor's information or a misdemeanor complaint filed with the court in lieu thereof.
If the defendant waives the preliminary hearing, the court must either:
1. Hold him for the action of a grand jury and promptly transmit the order, felony complaint, supporting depositions, and other papers to superior court (the action stays "pending" in the local court until those papers arrive ★); or
2. Make a § 180.50 inquiry into whether the felony complaint should be dismissed and reduced to an information, prosecutor's information, or misdemeanor complaint.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.