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HomeHealth and Safety CodeDiv. 104Pt. 3Ch. 4Art. 3§ 108305 Pre-Prosecution Violation Notice

§ 108305 Pre-Prosecution Violation Notice

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 108305 Pre-Prosecution Violation Notice

This law requires that before charging someone with a crime under this chapter, they must be given notice and a chance to explain their side, either by speaking or writing.

Key Takeaways

  • •Notice must be given before reporting to the prosecutor.
  • •The accused can respond orally or in writing.
  • •This applies to each possible criminal proceeding.

Example

A homeowner is accused of violating a neighborhood noise rule. Before the complaint is sent to the city prosecutor for a possible criminal case, the homeowner receives a notice and can tell their side about the noise.

The homeowner gets a letter saying they can respond before any criminal charges are filed, and they can either write a reply or speak at a meeting.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 108305 Pre-Prosecution Violation Notice

Before any violation of this chapter is reported to the district attorney of the county, or the prosecuting officer of the city, for institution of a criminal proceeding the person against whom the proceeding is contemplated may be given appropriate notice and an opportunity to present his or her view, either orally or in writing, with regard to each contemplated proceeding. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

Last verified: January 11, 2026

Key Terms

violationdistrict attorneyprosecuting officernoticeopportunity to present views

Related Statutes

  • § 100880 Laboratory Violation Citations
  • § 100890 Laboratory Certification Penalties
  • § 106878 Water Operator Certification Requirements
  • § 112045 Food Safety Violation Reporting
  • § 42400 Air Pollution Violation Penalties

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 108305.
View Official Source