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Your San Bernardino 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.
How a California Criminal Case Actually Proceeds
Most California criminal cases never reach a jury: negotiated plea agreements resolve the substantial majority of cases well before trial.
The Clock On a California Criminal Case
The base filing windows under Penal Code §§799-802 scale directly with severity: no limit for death/life-eligible crimes, 6 years for 8+-year felonies, 3 years for other felonies, 1 year for misdemeanors. California’s tiered system means the same underlying conduct can carry a very different filing deadline depending on exactly how it’s charged.
Facing a criminal charge in San Bernardino? Get matched with an attorney now.
California's Bail Rules After In re Humphrey
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. This is a real example of how a rule can exist on paper differently from how it’s actually enforced: cash bail is still the law, but a court applying it without an ability-to-pay inquiry is not following current California constitutional requirements.
How Much a California Charge Can Actually Cost You
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. California’s Three Strikes law (Penal Code § 667) doesn’t make a first or second strike an automatic life sentence, but it does double the exposure on any later felony, and a third serious or violent strike can trigger a mandatory 25-years-to-life sentence.
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
The traditional route, a § 1203.4 petition, doesn’t erase a California conviction, but it changes its legal status to a dismissal and restores certain rights. 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 San Bernardino
California’s criminal laws don’t vary by city; a case involving San Bernardino follows the same filing-deadline, bail, and sentencing rules as anywhere else in the state.
How To Start Building Your San Bernardino Defense
With California’s filing deadlines, bail rules, and sentencing framework all in play, an attorney familiar with San Bernardino 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.
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. These deadlines govern when the state can FILE charges, not how long a case can take to resolve once it’s filed.
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. Felony convictions become eligible for automatic sealing once they’re four or more years old; misdemeanors and dismissed arrests can qualify earlier.
What court handles criminal cases near San Bernardino?
The Superior Court of California, County of San Bernardino is where a San Bernardino-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 San Bernardino often depends on decisions made early, not just the underlying facts. That process isn’t instant, and getting it moving early is what keeps the rest of this page’s deadlines from becoming the real issue.
