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Your Richmond Criminal Defense Attorney
California’s criminal filing deadlines are tiered by offense severity, and a charge that can be filed as either a felony or a misdemeanor, a “wobbler,” runs on the longer felony deadline either way. California’s bail system has its own real, recent history worth understanding, covered separately further down this page.
The Basics of a California Criminal Case
California treats every criminal charge as a real legal process with defined steps, starting the moment someone is booked and continuing through however the case is ultimately resolved.
California's Statute of Limitations for Criminal 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). 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
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.
Understanding California 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. 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.
California's Escalating DUI Penalties
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
Under § 1203.4, eligible convictions can be set aside through a court petition, changing how the record appears on most background checks without erasing that it existed. 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 Richmond Residents Should Know
A criminal case connected to Richmond follows California’s statewide framework directly: the same statute of limitations, the same arraignment rules, the same DUI penalties if applicable.
Speak With a Richmond Criminal Defense Attorney
Because bail and plea decisions often happen fast, reaching out to an attorney early in Richmond matters more than it might seem at first. The form on this page connects you directly with a criminal defense attorney to go over your situation and next steps.
You may also be near: the San Francisco criminal defense resource.
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. A pending or unresolved case isn’t eligible for either the petition process or automatic sealing until it’s actually resolved.
Where would my Richmond criminal case be filed?
Criminal cases connected to Richmond are generally filed in the Superior Court of California, County of Contra Costa, California’s single-tier trial court for the county.
Early Groundwork Is Still the Difference-Maker
A criminal case connected to Richmond 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. None of that happens overnight, and starting early is what keeps the deadlines above from turning into the actual obstacle.
