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Your Riverside Criminal Defense Attorney
The deadline for the state to bring a California criminal charge depends directly on what’s being alleged, from one year for most misdemeanors up to no deadline for the most serious offenses. None of that changes what actually has to happen at arrest and arraignment, covered further down this page.
What Happens After a California Arrest
A California criminal case can move quickly once charges are filed, with real deadlines governing everything from arraignment to how release conditions are set.
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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Cash Bail, Prop 25, and What Changed
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. 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
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 Riverside
California’s criminal laws don’t vary by city; a case involving Riverside follows the same filing-deadline, bail, and sentencing rules as anywhere else in the state.
How To Start Building Your Riverside Defense
Given the deadlines and arraignment rules involved, connecting with an attorney early in Riverside 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
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. Eligibility for either route depends on the specific offense and, for § 1203.4, on completing probation successfully first.
What court handles criminal cases near Riverside?
The Superior Court of California, County of Riverside is where a Riverside-connected criminal case would typically be filed, the same unified Superior Court structure every California county has used since 1998.
Don't Wait Until the Deadline Is the Only Option Left
Whether a charge ends up a wobbler, a straight felony, or a straight misdemeanor connected to Riverside often depends on decisions made early, not just the underlying facts. None of it happens quickly, so starting now is what keeps the deadlines already covered above from being the thing that actually decides a case.
