January 9, 2026
Court of Appeal of the State of California, Fourth Appellate District, Division Two
The Rule of People v. Superior Court of Riverside County (Lashelle) is that the failure to file a misdemeanor complaint within the 25-day period specified in Penal Code section 853.6 does not deprive the government of the right to demand a cited person's presence in court and does not render the individual "automatically freed from any restraint," under circumstances where the defendant signed a written promise to appear and remains subject to statutory consequences for non-appearance including criminal prosecution, fines, and arrest.