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Your San Jose Criminal Defense Attorney
Most people researching a California criminal charge don’t realize the filing deadline itself depends heavily on what’s actually alleged, not a single statewide number. None of that changes what actually has to happen at arrest and arraignment, 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.
The Clock On a California Criminal Case
California’s tiered deadlines run: no deadline for death- or life-eligible crimes (§799), 6 years for felonies punishable by 8+ years (§800), 3 years for other felonies (§801), and 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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What Actually Happens With Bail in California
California’s cash bail system remains in place today only because voters rejected SB 10’s replacement system via the 2020 Prop 25 referendum. The practical effect of In re Humphrey is that a court can’t simply apply a standard bail schedule without first considering whether the person can actually pay it and whether a non-monetary condition would work instead.
How Much a California Charge Can Actually Cost You
A “wobbler” under Penal Code § 17(b) can be charged, or later reduced, between a felony and a misdemeanor, which is why exactly how a charge gets classified matters as much as what happened. 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.
DUI Charges Under California Vehicle Code § 23152
California’s DUI statute doesn’t require a specific blood alcohol threshold alone; § 23152(a) also covers driving impaired by alcohol or drugs regardless of the exact BAC reading. A DUI causing injury under § 23153 can add substantial additional jail exposure on top of the standard § 23152 penalty range, scaling with the severity of the injury involved.
California's Record Relief Options
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. Because the automatic process runs on the DOJ’s own schedule, a petition-based § 1203.4 filing can still be the faster route for someone who doesn’t want to wait for the next monthly review cycle.
Criminal Defense Cases Connected to San Jose
A criminal case connected to San Jose follows California’s statewide framework directly: the same statute of limitations, the same arraignment rules, the same DUI penalties if applicable.
Next Steps After a San Jose Arrest
Given the deadlines and arraignment rules involved, connecting with an attorney early in San Jose 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.
You may also be near: San Mateo criminal defense attorneys.
Frequently Asked Questions
Is there any crime in California with no filing deadline at all?
Yes: crimes punishable by death or life imprisonment have no statute of limitations at all under Penal Code §799. The offense’s classification at the time of filing is what determines which deadline tier applies, not how it’s ultimately resolved.
What did Proposition 25 actually decide?
Prop 25 was a 2020 referendum that rejected SB 10’s plan to replace cash bail with a risk-assessment system, so it kept cash bail in place. Humphrey is a state constitutional ruling, so it applies statewide, not just in the county where the underlying case arose.
What changes on a second California DUI?
A second DUI within 10 years carries 90 days to a year in county jail, a mandatory 12-month ignition interlock device, and a 2-year license suspension. None of California’s DUI-specific rules change the general right to counsel or arraignment timeline that applies to any arrest.
Does automatic sealing cover every conviction?
No: the Clean Slate Act’s automatic process excludes serious and violent felonies and offenses requiring sex-offender registration. A § 1203.4 dismissal lets a person legally answer “no” to most job applications asking about the conviction, even though the record still technically exists.
What court handles criminal cases near San Jose?
The Superior Court of California, County of Santa Clara is where a San Jose-connected criminal case would typically be filed, the same unified Superior Court structure every California county has used since 1998.
Waiting Doesn't Make Any of This Easier
What actually narrows over time isn’t the underlying law, it’s the practical runway: evidence review and plea strategy both take time a case connected to San Jose doesn’t get a pause on. 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.
