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Your Burbank 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.
Understanding a Criminal Charge in California
The distinction between a felony and a misdemeanor in California isn’t just semantic: it changes which deadline applies, how the case proceeds, and what the maximum penalty can be.
The Clock On a California Criminal Case
Penal Code §799 removes the deadline entirely for the most serious offenses; §800 sets 6 years for felonies carrying 8 or more years; §801 sets 3 years for other felonies; §802 sets 1 year for misdemeanors. Certain fraud and embezzlement offenses run on a discovery-rule deadline under §803(c): the clock starts when the crime is discovered, not when it happened.
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Cash Bail, Prop 25, and What Changed
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. In re Humphrey (Cal. Supreme Court, 2021) didn’t end cash bail, but it added a real constitutional constraint: courts must weigh ability to pay and prefer non-monetary release conditions before defaulting to a cash amount.
How Much a California Charge Can Actually Cost You
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. AB 109’s 2011 realignment, plus Prop 47’s 2014 reclassification of many theft and drug felonies to misdemeanors, both changed where and how long a California sentence is actually served for lower-level offenses.
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 Burbank
California’s criminal laws don’t vary by city; a case involving Burbank follows the same filing-deadline, bail, and sentencing rules as anywhere else in the state.
How To Start Building Your Burbank Defense
With California’s filing deadlines, bail rules, and sentencing framework all in play, an attorney familiar with Burbank 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: the Inglewood criminal defense resource, our coverage in Los Angeles, criminal defense cases from Glendale.
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. These deadlines govern when the state can FILE charges, not how long a case can take to resolve once it’s filed.
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 § 1203.4 dismissal lets a person legally answer “no” to most job applications asking about the conviction, even though the record still technically exists.
What court handles criminal cases near Burbank?
The Superior Court of California, County of Los Angeles is where a Burbank-connected criminal case would typically be filed, the same unified Superior Court structure every California county has used since 1998.
Don't Wait Until the Deadline Is the Only Option Left
Whether a charge ends up a wobbler, a straight felony, or a straight misdemeanor connected to Burbank often depends on decisions made early, not just the underlying facts. Whatever the charge ultimately gets classified as, the practical work of reviewing it doesn’t get any faster by putting it off.
