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Your Fresno Criminal Defense Attorney
A California criminal charge runs on a real, offense-specific deadline: how long the state has to file depends on whether it’s a felony, a misdemeanor, or one of the small number of crimes with no deadline at all. What that tiered system means for a specific charge is covered further down this page.
What Happens After a California Arrest
How a California criminal case unfolds depends on real, specific rules at each stage, not on general assumptions about how the justice system works elsewhere.
The Clock On a California Criminal Case
Under Penal Code §§800-802, most felonies punishable by 8 or more years get a 6-year deadline, other felonies get 3 years, and misdemeanors get 1 year; crimes punishable by death or life imprisonment, under §799, have no deadline at all. California’s tiered system means the same underlying conduct can carry a very different filing deadline depending on exactly how it’s charged.
Facing a criminal charge in Fresno? Get matched with an attorney now.
What Actually Happens With Bail in California
In 2018, the legislature passed SB 10 to eliminate money bail; California voters overturned it at the ballot box via Prop 25 in 2020, leaving cash bail on the books. This is a real example of how a rule can exist on paper differently from how it’s actually enforced: cash bail is still the law, but a court applying it without an ability-to-pay inquiry is not following current California constitutional requirements.
California's Three Strikes Law and Sentencing Exposure
Whether a charge is a straight felony, a straight misdemeanor, or a wobbler under § 17(b) is often the single biggest factor in how much exposure a California case actually carries. Under the Three Strikes law, a prior serious or violent felony doubles the sentence on a new felony conviction, and a third such strike can mean a mandatory 25-to-life term.
What a California DUI Charge Actually Involves
A fourth DUI within the 10-year lookback window under § 23152 can be charged as a felony rather than a misdemeanor, a real escalation most first-time defendants don’t expect. A first-offense DUI carries fines generally between $390 and $1,000, up to 6 months in county jail (though courts often impose probation instead for a first offense), a 3- or 9-month DUI program, and a 6-month license suspension.
Expungement and Automatic Sealing in California
The traditional route, a § 1203.4 petition, doesn’t erase a California conviction, but it changes its legal status to a dismissal and restores certain rights. Misdemeanor convictions and arrests that never led to a conviction generally become eligible for automatic sealing sooner than felony convictions do under the Clean Slate Act’s tiered timeline.
Facing a Charge Connected to Fresno
The same statewide rules apply to a case connected to Fresno the same way they apply anywhere else in California: the same tiered filing deadlines, the same right to counsel, the same bail and sentencing framework.
How To Start Building Your Fresno Defense
With California’s filing deadlines, bail rules, and sentencing framework all in play, an attorney familiar with Fresno and the surrounding courts can help make sure nothing gets missed. Fill out the form on this page to get connected with a criminal defense attorney who can review the details of your situation.
Nearby coverage: our Delano page, Stockton criminal defense attorneys.
Frequently Asked Questions
How long does California have to file criminal charges?
It depends on the offense: Penal Code §§800-802 give the state 6 years for felonies punishable by 8+ years, 3 years for other felonies, and 1 year for misdemeanors. The offense’s classification at the time of filing is what determines which deadline tier applies, not how it’s ultimately resolved.
Is cash bail still used in California?
Yes: voters rejected SB 10’s attempt to eliminate cash bail via Proposition 25 in 2020, so cash bail remains the law in California. A court still has to consider whether a less restrictive, non-monetary condition would work before defaulting to a cash amount.
How strict are California’s DUI penalties?
They escalate quickly: a first offense generally means probation, fines, and a license suspension, but a second offense within 10 years brings mandatory jail time. The DUI program requirement runs 3-9 months for a first offense and 18-30 months for a second.
Can a California criminal record be cleared later?
Often, yes: Penal Code § 1203.4 allows a petition-based dismissal for many eligible convictions, and since October 2024 the Clean Slate Act adds automatic sealing on top of that. A pending or unresolved case isn’t eligible for either the petition process or automatic sealing until it’s actually resolved.
What court handles criminal cases near Fresno?
The Superior Court of California, County of Fresno is where a Fresno-connected criminal case would typically be filed, the same unified Superior Court structure every California county has used since 1998.
Waiting Doesn't Make Any of This Easier
Whether a charge ends up a wobbler, a straight felony, or a straight misdemeanor connected to Fresno often depends on decisions made early, not just the underlying facts. None of it happens quickly, so starting now is what keeps the deadlines already covered above from being the thing that actually decides a case.
