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Your Ontario Criminal Defense Attorney
California law sets real filing windows for criminal charges, scaled by offense severity, with select serious crimes falling outside that system entirely. California’s Superior Courts, one per county since the 1998 trial-court unification, are where these cases are actually filed, a detail 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.
California's Statute of Limitations for Criminal Charges
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. Sex offenses against a minor get their own extended window under §801.1, reaching up to the victim’s 40th birthday in some circumstances.
Facing a criminal charge in Ontario? Get matched with an attorney now.
Cash Bail, Prop 25, and What Changed
California voters rejected Senate Bill 10’s attempt to abolish cash bail statewide via Proposition 25 in November 2020, so cash bail technically remains the law. 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.
California's Three Strikes Law and Sentencing Exposure
A wobbler reduced to a misdemeanor under § 17(b) generally stops counting as a felony going forward, with one real exception: a serious or violent felony still counts as a strike even after reduction. 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.
DUI Charges Under California Vehicle Code § 23152
A DUI causing injury to another person is charged separately under Vehicle Code § 23153, carrying real additional exposure beyond the standard § 23152 penalties. Beyond the criminal penalties, a DUI conviction is separately reported to the DMV and can affect insurance rates for years, independent of whatever the court itself imposes.
What Happens To a California Record Later
A § 1203.4 petition generally requires successful completion of probation first, and eligibility narrows for certain offense categories regardless of how probation went. Sealed under the Clean Slate Act still isn’t the same as destroyed: sealed records remain accessible to certain law enforcement and licensing purposes even after automatic sealing applies.
What Ontario Residents Should Know
A criminal case connected to Ontario follows California’s statewide framework directly: the same statute of limitations, the same arraignment rules, the same DUI penalties if applicable.
Speak With an Ontario Criminal Defense Attorney
Given the deadlines and arraignment rules involved, connecting with an attorney early in Ontario 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.
Other CA CD cities nearby: Fontana criminal defense attorneys, our coverage in Riverside, criminal defense cases from Rialto.
Frequently Asked Questions
Does a wobbler charge get the felony or misdemeanor filing deadline?
The felony deadline: a wobbler always runs on the longer felony filing window, even if it’s ultimately charged or resolved as a misdemeanor. Sex offenses against a minor can extend the deadline up to the victim’s 40th birthday under §801.1.
Will I automatically be released on bail in California?
No, it’s not automatic; the California Supreme Court’s In re Humphrey decision (2021) requires a court to weigh ability to pay and consider non-monetary conditions before imposing cash bail. This inquiry happens at the same first court appearance where release conditions are otherwise set.
How far back does California look for prior DUIs?
California uses a rolling 10-year lookback window: only prior DUIs within that window count toward escalating a new charge’s penalties. Fines for both a first and second DUI generally fall between $390 and $1,000 before additional penalty assessments.
Do I need to file anything for Clean Slate Act sealing?
For records covered by the automatic process, no; the DOJ reviews and seals qualifying records on a monthly cycle, and a § 1203.4 petition is still the path for records the automatic process doesn’t reach. The Clean Slate Act has been fully in effect, including its automatic monthly DOJ review, since October 1, 2024.
Where would my Ontario criminal case be filed?
Criminal cases connected to Ontario are generally filed in the Superior Court of California, County of San Bernardino, California’s single-tier trial court for the county.
Fewer Legal Hurdles Doesn't Mean There's No Rush
A criminal case connected to Ontario runs on the same tiered filing deadlines covered above, and none of it gets more forgiving the longer a real defense takes to get underway. A wobbler’s ultimate classification isn’t decided instantly, and the groundwork that shapes it benefits from an early start, not a rushed one.
