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Under California Penal Code §825, arraignment must occur within 48 hours of arrest, excluding Sundays and holidays. For in-custody felony defendants, arraignment is typically held the next court day at the main criminal courthouse of the county where the arrest occurred.

Retaining counsel before arraignment allows an attorney to argue for reduced bail under In re Humphrey, raise constitutional issues, and in some cases negotiate charges before the formal complaint is filed.

Under Penal Code §17(a), a felony is a crime punishable by death, imprisonment in state prison, or imprisonment in county jail under PC §1170(h) for more than one year. A misdemeanor is punishable by up to one year in county jail.

Some offenses — called "wobblers" — can be charged as either at the prosecutor's discretion. Under PC §17(b), a wobbler felony may be reduced to a misdemeanor at preliminary hearing, at sentencing, or after successful completion of probation.

California's Three Strikes Law, codified at Penal Code §§667(b)–(i) and 1170.12, doubles the sentence for any felony if the defendant has one prior "serious" or "violent" felony conviction (as defined in PC §1192.7(c) and PC §667.5(c)), and imposes 25 years to life for a qualifying third felony.

A Romero motion (People v. Superior Court (Romero) (1996) 13 Cal.4th 497) asks the judge to strike one or more prior strikes "in furtherance of justice" under PC §1385.

10 days from the date of arrest under Vehicle Code §13353.2.

Missing the 10-day deadline means the license automatically suspends 30 days after arrest. The DMV hearing is a separate proceeding from the criminal DUI case — different standard of proof (preponderance), different hearing officer (DMV employee, not a judge), and an independent outcome. Winning the DMV hearing can preserve driving privileges regardless of what happens in criminal court.

Each California county publishes a uniform bail schedule listing presumptive bail amounts for every charge. At arraignment, either side may ask the judge to depart from the schedule.

Under In re Humphrey (2021) 11 Cal.5th 135, the court must consider the defendant's ability to pay and whether non-monetary conditions can reasonably secure appearance and public safety. Employment records, length of county residence, family ties, and prior court appearance history all support an argument for OR release or reduced bail.

A wobbler is a California offense that can be charged as either a felony or a misdemeanor at the prosecutor's discretion. Common wobblers include PC §245(a)(1) assault with a deadly weapon, PC §459 commercial burglary, PC §422 criminal threats, HS §11377 methamphetamine possession, and PC §25400 carrying a concealed weapon.

Under PC §17(b), a motion to reduce a wobbler felony to a misdemeanor may be filed at preliminary hearing, at sentencing, or after successful completion of probation.

A motion to suppress under Penal Code §1538.5 asks the court to exclude evidence seized in violation of the Fourth Amendment's prohibition on unreasonable searches and seizures.

Common grounds include unlawful traffic stops under Terry v. Ohio, invalid consent searches under Schneckloth v. Bustamonte, warrantless searches exceeding the scope of an inventory search, and cell phone searches without a warrant under Riley v. California. A successful motion to suppress frequently ends a case because the prosecution's key evidence becomes inadmissible.

A Pitchess motion (Pitchess v. Superior Court (1974) 11 Cal.3d 531, codified at Evidence Code §§1043–1045) seeks discovery of a peace officer's personnel records, including prior complaints of excessive force, racial bias, dishonesty, or fabrication of evidence.

Most useful when an arresting officer's credibility is a central fact. The court reviews the personnel file in camera (private) and discloses only relevant complaints.

Proposition 47 (2014) reclassified most simple drug possession offenses (HS §11350, §11377) and minor theft offenses (PC §490.2, under $950) from felonies to misdemeanors.

Old California felony convictions can be reclassified retroactively through a PC §1170.18 petition, with significant implications for immigration, employment, firearm rights, and professional licensing.

Yes — California offers several diversion programs that can result in complete dismissal without any conviction. PC §1001.95 Judicial Diversion covers most misdemeanors. PC §1001.36 Mental Health Diversion covers qualifying felony and misdemeanor cases where the defendant has a diagnosed mental disorder that was a significant factor in the offense. PC §1170.9 and §1001.80 Veterans Diversion covers current and former military members with service-connected PTSD, TBI, sexual trauma, substance abuse, or mental health. PC §1000 covers first-offense drug possession.

Eligibility, motion timing, and supporting documentation vary by program. A successful diversion motion often results in the best possible outcome: dismissal with no conviction, no plea, and nothing reportable on standard background checks.

Many California felony convictions can be dismissed under Penal Code §1203.4 after successful completion of probation. The plea is withdrawn, a not-guilty plea is entered, and the case is dismissed.

Not all felonies are eligible — sex offenses requiring PC §290 registration, certain violent felonies, and cases with prison sentences face limits. For cases sentenced to prison, PC §1203.41 and PC §1203.42 provide alternative relief.

Criminal defense fees vary by charge severity, expected case length, and attorney experience. Most private defense engagements are quoted as flat fees per stage: pre-filing representation, representation through preliminary hearing, and representation through jury trial.

ALL Trial Lawyers offers free confidential consultations at (866) 811-4255 and quotes a flat fee after reviewing the specific charges, available discovery, and prior record.