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If you or someone you love has been arrested on a criminal charge anywhere in Orange County, the clock is already running. Under California Penal Code §825, arraignment must occur within 48 hours of arrest, excluding weekends and holidays. Before that first court appearance at the Central Justice Center in Santa Ana, the Orange County District Attorney's filing deputies are reviewing the police report and deciding what charges to file — including whether to allege strike priors, gang enhancements under PC §186.22, Great Bodily Injury under PC §12022.7, and firearm use under PC §12022.53.
Retaining a criminal defense attorney before those filing decisions get made often changes the charges that end up filed. It can mean the difference between OR release, bail at the scheduled amount, or sitting at Theo Lacy Facility or the Central Men's Jail until preliminary hearing.
Mo began his career at the Orange County Public Defender's Office, defending clients charged with the most serious offenses the OCDA filed — PC §187 murder, PC §211 robbery, PC §245 assault with a deadly weapon, and PC §261 rape. He is a 7x Super Lawyers honoree and 2026 Rising Star. His trial record includes more than 20 completed jury and bench trials.
Call (866) 811-4255 for a free, confidential consultation — 24 hours a day, 7 days a week. Hablamos Español.
The Orange County District Attorney's Office (OCDA) is one of California's largest prosecutor offices, with branch offices at all four justice centers. Under California Penal Code §691, OCDA filing deputies review each police report within 48 hours of arrest and make three decisions that shape every OC criminal case: (1) whether to file charges at all, (2) what to charge — including whether to charge "wobblers" as felonies or misdemeanors under PC §17(b) — and (3) what enhancements to allege. Retaining defense counsel before those decisions get made is the highest-leverage moment in any Orange County criminal case.
Orange County operates four Superior Court justice centers that hear criminal cases. Each has its own bench, its own rhythm, and its own OCDA branch. We appear at all four.
700 Civic Center Dr W, Santa Ana, CA 92701
The main felony courthouse for Orange County. Nearly all in-custody arraignments are heard here. OCDA Central Branch, homicide calendar, Three Strikes calendar, and Prop 36 calendar all run out of this building. Serves Santa Ana, Anaheim, Orange, Tustin, and the central OC region.
4601 Jamboree Rd, Newport Beach, CA 92660
Felony and misdemeanor cases from coastal OC: Newport Beach, Costa Mesa, Huntington Beach, Irvine, Laguna Beach, and Corona del Mar. Heavy DUI calendar given the coastal jurisdictions.
1275 N Berkeley Ave, Fullerton, CA 92832
Felony and misdemeanor cases from Fullerton, Brea, La Habra, Placentia, Yorba Linda, Buena Park, and Anaheim Hills. Known for strong motion practice culture; PC §1538.5 suppression motions and Pitchess motions get heard substantively here.
8141 13th St, Westminster, CA 92683
Felony and misdemeanor cases from Westminster, Garden Grove, Seal Beach, Stanton, and Cypress. Significant Vietnamese-language caseload given Little Saigon. Multiple domestic violence calendars.
Every category of California criminal offense is filed in Orange County. Our practice covers the full range, with particular depth in the charges the OCDA files most aggressively.
First-offense DUI under VC §23152(a) and (b) triggers two parallel proceedings: the criminal case and the DMV Administrative Per Se (APS) action. Under VC §13353.2, a driver has 10 days from the date of arrest to request a DMV hearing at the Santa Ana Driver Safety Office. See our dedicated DUI defense practice.
Juvenile delinquency cases in Orange County are heard at the Lamoreaux Justice Center (341 The City Dr S, Orange, CA 92868). Juvenile proceedings differ materially from adult criminal court. Minors charged under WIC §707(b) offenses may face transfer hearings to adult court.
California offers several diversion programs that can result in full dismissal of charges without any conviction. Orange County Superior Court operates these programs at all four justice centers.
Orange County historically pursues strike allegations more aggressively than most neighboring counties. Under PC §§667(b)–(i) and 1170.12, one prior "serious" or "violent" felony doubles the sentence on a new felony. A qualifying third strike triggers 25 years to life. The critical defense tool is the Romero motion.
Past results do not guarantee future outcomes. Each case is different. These results reflect defense work across OC Superior Court that produced dismissals, reductions, and acquittals.
| Case | Charge | Outcome |
|---|---|---|
| People v. J.M. | PC §273.5 Domestic Battery & Child Abuse | NOT GUILTY by jury |
| People v. O.A. | VC §23153 Felony DUI with 2 GBI enhancements | REDUCED to wet reckless |
| People v. C.J. | HS §11359 Sale of 950+ grams of marijuana | DISMISSED after PC 1538.5 motion |
| People v. N.T. | PC §243.4 Sexual Battery (rape by intoxication) | NO CHARGES FILED after pre-filing investigation |
| People v. T.B. | PC §212.5 Second-Degree Robbery | REDUCED to misdemeanor battery |
| People v. L.M. | PC §69 Resisting an Executive Officer | DISMISSED after motion to suppress |
| People v. J.W. | VC §23152 DUI with Marijuana | NOT GUILTY by jury |
| People v. K.I. | PC §484 Theft at Nordstrom | NOT GUILTY by jury |
| People v. M.S. | PC §243(d) Felony Strike Battery with SBI | NOT GUILTY by jury |
| People v. R.H. | Misdemeanor criminal charge | DISMISSED via Judicial Diversion (PC §1001.95) |
| People v. D.K. | Felony charge with qualifying mental health disorder | DISMISSED via Mental Health Diversion (PC §1001.36) |
| People v. A.V. | Felony charge — U.S. military veteran client | DISMISSED via Veterans Diversion (PC §1170.9 / §1001.80) |
Answers to the questions Orange County criminal defendants ask most often in the first 48 hours after arrest — with citations to the controlling California statutes, OC Superior Court rules, and appellate case law.
Under California Penal Code §825, arraignment must occur within 48 hours of arrest, excluding Sundays and holidays. In Orange County, in-custody felony arraignments are held at Central Justice Center in Santa Ana (700 Civic Center Dr W, Santa Ana, CA 92701), typically the next court day after booking at the Orange County Intake Release Center or Theo Lacy Facility.
Under Penal Code §17(a), a felony is any crime punishable by death, state prison, or county jail under PC §1170(h) for more than one year. A misdemeanor is punishable by up to one year in Orange County Jail (Theo Lacy or James A. Musick Facility).
"Wobblers" can be charged as either at the OCDA's discretion. 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.
Three Strikes (Penal Code 667(b)-(i) and 1170.12) doubles the sentence for any felony with one prior serious or violent felony, and imposes 25 years to life for a qualifying third felony. A Romero motion under PC 1385 asks the OC judge to strike priors in the interest of justice.
Orange County uses a uniform bail schedule published annually by the Superior Court. 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.
10 days from the date of arrest under Vehicle Code §13353.2. DMV hearings for OC arrests are held at the Santa Ana Driver Safety Office at 1737 E Wilshire Ave, Ste A, Santa Ana, CA 92705. See our DUI defense practice.
A motion to suppress under Penal Code §1538.5 asks the court to exclude evidence seized in violation of the Fourth Amendment. Common grounds in OC cases include unlawful traffic stops under Terry v. Ohio, invalid consent searches, and cell phone searches without a warrant under Riley v. California.
A Pitchess motion (Pitchess v. Superior Court (1974) 11 Cal.3d 531, 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.
Proposition 47 (2014) reclassified most simple drug possession offenses (HS 11350, HS 11377) and minor theft offenses (PC 490.2, under $950) from felonies to misdemeanors. Old OC felony convictions can be reclassified retroactively through a PC 1170.18 petition.
Many Orange County felony convictions can be dismissed under Penal Code §1203.4 after successful completion of probation. Sex offenses requiring PC 290 registration and certain violent felonies face limits. For cases sentenced to prison, PC 1203.41 and PC 1203.42 provide alternative relief.
Yes. California offers several diversion programs that result in complete dismissal without conviction: PC 1001.95 Judicial Diversion for most misdemeanors, PC 1001.36 Mental Health Diversion for qualifying mental disorders, PC 1170.9 and 1001.80 Veterans Diversion for service-connected conditions, and PC 1000 for first-offense drug cases.
Fees vary by charge severity, case length, and attorney experience. Most private engagements are flat fees per stage: pre-filing representation, through preliminary hearing, and through jury trial. ALL Trial Lawyers offers free consultations at (866) 811-4255.
Every Orange County criminal case is different. Every case is winnable at some stage — whether through pre-filing intervention with the OCDA, a PC §1538.5 motion to suppress, a PC §17(b) motion to reduce, a diversion program, a plea bargain, or a jury trial. The earlier a trial attorney is involved, the more options remain on the table.
If you or a loved one has been arrested, charged, or is under investigation for a crime anywhere in Orange County — Santa Ana, Anaheim, Irvine, Newport Beach, Fullerton, Westminster, Huntington Beach, Costa Mesa, Orange, Tustin, Garden Grove, Yorba Linda, Laguna Beach, or any other OC jurisdiction — contact ALL Trial Lawyers for a free, confidential consultation.
Our founding attorney is a former Orange County Public Defender whose legal work has been featured on CNN, The New York Times, The Los Angeles Times, NBC, ABC, Fox, KTLA, Chicago Tribune, and Orange County Register. Our firm has handled over 10,000 criminal defense cases. Available 24 hours a day, 7 days a week. Hablamos Español.
Attorney Advertising. Past results do not guarantee future outcomes. Viewing this website does not create an attorney-client relationship.
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