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Your Tustin 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.
How a California Criminal Case Actually Proceeds
Every California county has run a single, unified Superior Court since 1998’s trial-court unification (Proposition 220); there’s no separate municipal court layer anymore, regardless of whether the charge is a felony or a misdemeanor.
The Clock On a California Criminal Case
Under Penal Code §§800-802, most felonies punishable by 8 or more years get a 6-year deadline, other felonies get 3 years, and misdemeanors get 1 year; crimes punishable by death or life imprisonment, under §799, have no deadline at all. The deadline clock generally starts running at the time the offense is committed, except for the discovery-rule exceptions that apply to specific offense types.
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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. 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.
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.
California's Escalating DUI Penalties
Refusing a chemical test after a California DUI arrest triggers its own separate license-suspension consequence under the state’s implied-consent law, independent of how the underlying DUI charge itself resolves. A third DUI within the 10-year window escalates further still: 120 days to a year in county jail, a 3-year license revocation, and habitual-traffic-offender status under California law.
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. The newer Clean Slate Act, fully in effect since October 1, 2024, goes further than the older petition process: it automatically seals many qualifying records on a monthly DOJ review cycle, without requiring a petition at all.
Facing a Charge Connected to Tustin
The same statewide rules apply to a case connected to Tustin the same way they apply anywhere else in California: the same tiered filing deadlines, the same right to counsel, the same bail and sentencing framework.
How To Start Building Your Tustin Defense
Given the deadlines and arraignment rules involved, connecting with an attorney early in Tustin 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: criminal defense cases from Santa Ana.
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 person out on release is still required to appear at every scheduled court date regardless of how bail was set.
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. Prior DUI convictions outside the 10-year window generally don’t count toward escalating a new charge.
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 Tustin?
The Superior Court of California, County of Orange is where a Tustin-connected criminal case would typically be filed, the same unified Superior Court structure every California county has used since 1998.
The Work Behind a Real Defense Still Takes Time
The facts on this page point to one practical conclusion: the sooner a real defense strategy is underway, the more options stay available for a case connected to Tustin. California’s framework removes some procedural friction in places, but not the underlying work of building a real defense, and that work benefits most from an early start.
