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Your San Francisco Criminal Defense Attorney
A California criminal charge runs on a real, offense-specific deadline: how long the state has to file depends on whether it’s a felony, a misdemeanor, or one of the small number of crimes with no deadline at all. What that tiered system means for a specific charge is 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
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. Sex offenses against a minor get their own extended window under §801.1, reaching up to the victim’s 40th birthday in some circumstances.
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Bail and Your First Court Appearance in California
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.
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. 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 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 Francisco
California’s criminal laws don’t vary by city; a case involving San Francisco follows the same filing-deadline, bail, and sentencing rules as anywhere else in the state.
How To Start Building Your San Francisco Defense
With California’s filing deadlines, bail rules, and sentencing framework all in play, an attorney familiar with San Francisco 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 coverage: San Jose criminal defense attorneys.
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. Plea negotiations happen after charges are filed, so the filing deadline itself isn’t something a plea can extend.
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. These record-relief rules apply the same way regardless of which California county the conviction occurred in.
What court handles criminal cases near San Francisco?
The Superior Court of California, County of San Francisco is where a San Francisco-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 Francisco often depends on decisions made early, not just the underlying facts. Whether cash bail, a non-monetary condition, or something else applies isn’t always resolved at the first hearing, so early preparation matters.
