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Your Fontana Criminal Defense Attorney
A charge in California comes with a real, offense-specific clock attached, one that can run as short as a year or not exist at all, depending on what’s alleged. What that tiered system means for a specific charge is covered further down this page.
How a California Criminal Case Actually Proceeds
Most California criminal cases never reach a jury: negotiated plea agreements resolve the substantial majority of cases well before trial.
How Long the State Has To File Charges
California’s general rule scales by offense: no deadline for the most serious crimes (§799), 6 years for felonies punishable by 8 or more years (§800), 3 years for other felonies (§801), 1 year for misdemeanors (§802). Child abuse cases get a 5-year deadline under §801.6, separate from the general felony/misdemeanor tiers.
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Bail and Your First Court Appearance in California
California’s cash bail system remains in place today only because voters rejected SB 10’s replacement system via the 2020 Prop 25 referendum. 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.
Understanding California Sentencing Exposure
A “wobbler” under Penal Code § 17(b) can be charged, or later reduced, between a felony and a misdemeanor, which is why exactly how a charge gets classified matters as much as what happened. Realignment under AB 109 (2011) shifted many lower-level felony sentences from state prison to county jail, and Propositions 47 (2014) and 57 (2016) further reshaped exposure by reclassifying many theft and drug felonies as misdemeanors and expanding parole eligibility for non-violent offenses.
What a California DUI Charge Actually Involves
California’s DUI statute doesn’t require a specific blood alcohol threshold alone; § 23152(a) also covers driving impaired by alcohol or drugs regardless of the exact BAC reading. A DUI causing injury under § 23153 can add substantial additional jail exposure on top of the standard § 23152 penalty range, scaling with the severity of the injury involved.
California's Record Relief Options
Filing a § 1203.4 petition is a court process with its own paperwork and, in some counties, a filing fee, distinct from the newer automatic sealing process. Because the automatic process runs on the DOJ’s own schedule, a petition-based § 1203.4 filing can still be the faster route for someone who doesn’t want to wait for the next monthly review cycle.
Criminal Defense Cases Connected to Fontana
A criminal case connected to Fontana follows California’s statewide framework directly: the same statute of limitations, the same arraignment rules, the same DUI penalties if applicable.
Next Steps After a Fontana Arrest
Given the deadlines and arraignment rules involved, connecting with an attorney early in Fontana gives more time to build a real defense before key decisions get made. Complete the form here to speak with a criminal defense attorney about what your case may involve.
Also serving: our Rialto page.
Frequently Asked Questions
Is there any crime in California with no filing deadline at all?
Yes: crimes punishable by death or life imprisonment have no statute of limitations at all under Penal Code §799. Right to counsel attaches regardless of which filing deadline applies to the underlying charge.
What did Proposition 25 actually decide?
Prop 25 was a 2020 referendum that rejected SB 10’s plan to replace cash bail with a risk-assessment system, so it kept cash bail in place. Humphrey is a state constitutional ruling, so it applies statewide, not just in the county where the underlying case arose.
What changes on a second California DUI?
A second DUI within 10 years carries 90 days to a year in county jail, a mandatory 12-month ignition interlock device, and a 2-year license suspension. None of California’s DUI-specific rules change the general right to counsel or arraignment timeline that applies to any arrest.
Does automatic sealing cover every conviction?
No: the Clean Slate Act’s automatic process excludes serious and violent felonies and offenses requiring sex-offender registration. Eligibility for either route depends on the specific offense and, for § 1203.4, on completing probation successfully first.
What court handles criminal cases near Fontana?
The Superior Court of California, County of San Bernardino is where a Fontana-connected criminal case would typically be filed, the same unified Superior Court structure every California county has used since 1998.
The Clock Is Already Running
What actually narrows over time isn’t the underlying law, it’s the practical runway: evidence review and plea strategy both take time a case connected to Fontana doesn’t get a pause on. Whether cash bail, a non-monetary condition, or something else applies isn’t always resolved at the first hearing, so early preparation matters.
