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California’s approach to criminal filing deadlines is tiered by offense class, with wobbler offenses, chargeable as either a felony or misdemeanor, always running on the longer window. California’s bail system has its own real, recent history worth understanding, covered separately 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.
When California Can and Can't File Charges
California’s tiered deadlines run: no deadline for death- or life-eligible crimes (§799), 6 years for felonies punishable by 8+ years (§800), 3 years for other felonies (§801), and 1 year for misdemeanors (§802). Missing the applicable deadline generally bars the state from bringing that specific charge at all, regardless of how strong the underlying evidence is.
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California's Bail System, and Why It's More Complicated Than It Sounds
Cash bail survived a real attempt to eliminate it: SB 10 (2018) would have replaced it with a risk-assessment system, but Prop 25 (2020) rejected that change statewide. But the California Supreme Court’s 2021 ruling in In re Humphrey changed how bail actually gets set: a court must now inquire into a defendant’s ability to pay before imposing cash bail, and must consider less restrictive non-monetary conditions first.
How Much a California Charge Can Actually Cost You
Penal Code § 17(b) lets a judge reduce many wobbler offenses to misdemeanors at sentencing or after probation, which can meaningfully change both the exposure and whether it counts toward Three Strikes later. 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.
California's DUI Laws
California’s DUI framework under § 23152 treats a first offense very differently from a second: the 10-year lookback window is what actually determines how severe the exposure is. A second DUI within 10 years carries a much harsher range: 90 days to a year in county jail, the same $390-$1,000 fine range, an 18- or 30-month DUI program, a mandatory 12-month ignition interlock requirement, and a 2-year license suspension.
Clearing a California Record After a Conviction
Even after a § 1203.4 dismissal, certain licensing boards and government agencies can still see and consider the underlying conviction, a real limit worth knowing about upfront. The Clean Slate Act’s monthly DOJ review cycle means sealing doesn’t happen the moment eligibility is reached; it happens on the next scheduled review after that point.
Los Angeles and California's Statewide Rules
A criminal case connected to Los Angeles follows California’s statewide framework directly: the same statute of limitations, the same arraignment rules, the same DUI penalties if applicable.
Getting Started With a Los Angeles Criminal Defense Case
With California’s filing deadlines, bail rules, and sentencing framework all in play, an attorney familiar with Los Angeles 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 cities we also cover: criminal defense cases from South Gate.
Frequently Asked Questions
What is California’s statute of limitations for a criminal case?
Under Penal Code §§799-802, the general deadlines are none (death/life-eligible crimes), 6 years (8+-year felonies), 3 years (other felonies), and 1 year (misdemeanors). California’s Superior Court, unified statewide since 1998, has jurisdiction over criminal matters regardless of which filing-deadline tier applies.
What does In re Humphrey require courts to do?
In re Humphrey requires an individualized inquiry into a defendant’s ability to pay before setting cash bail, rather than applying a fixed bail schedule automatically. SB 10 was signed into law in 2018 but never took effect because of the 2020 Prop 25 vote.
Is jail time mandatory for a first DUI in California?
Not typically for a true first offense: courts generally impose probation rather than jail, though up to 6 months is legally possible under Vehicle Code § 23152. A fourth DUI within the 10-year lookback window can be charged as a felony rather than a misdemeanor.
What’s the difference between expungement and the Clean Slate Act?
§ 1203.4 requires filing a petition and changes a conviction’s legal status to a dismissal; the Clean Slate Act (SB 731/AB 1076) automatically seals many qualifying records without a petition at all. Eligibility for either route depends on the specific offense and, for § 1203.4, on completing probation successfully first.
Where would my Los Angeles criminal case be filed?
Criminal cases connected to Los Angeles are generally filed in the Superior Court of California, County of Los Angeles, California’s single-tier trial court for the county.
Early Groundwork Is Still the Difference-Maker
Bail conditions, plea timing, and how a wobbler ultimately gets classified can all shift based on how early a real defense strategy gets underway in Los Angeles. Three Strikes exposure, Clean Slate eligibility, and plea strategy all depend on groundwork that takes real time to do right.
