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Your Irvine 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
What happens after a California arrest depends heavily on the offense class involved, from arraignment and the bail decision through to how the case is ultimately resolved.
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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Bail and Your First Court Appearance 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. 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.
What a California Conviction Actually Exposes You To
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.
Why a Second California DUI Is Treated So Differently
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
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. 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 Irvine
A criminal case connected to Irvine follows California’s statewide framework directly: the same statute of limitations, the same arraignment rules, the same DUI penalties if applicable.
How To Start Building Your Irvine Defense
Given the deadlines and arraignment rules involved, connecting with an attorney early in Irvine 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.
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. Child abuse cases get a separate 5-year deadline under §801.6.
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. These record-relief rules apply the same way regardless of which California county the conviction occurred in.
What court handles criminal cases near Irvine?
The Superior Court of California, County of Orange is where an Irvine-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
Whether a charge ends up a wobbler, a straight felony, or a straight misdemeanor connected to Irvine often depends on decisions made early, not just the underlying facts. California’s framework removes some procedural friction in places, but not the underlying work of building a real defense, and that work benefits most from an early start.
