Criminal Defense Attorney California: What To Do When Facing Charges (2026)

Facing criminal charges in California is one of the most stressful situations you can encounter. This guide explains your rights under California law, how the criminal process works step by step, and how to find a qualified California criminal defense attorney — so you can act fast and protect your future.

Updated: August 2026 · 8 min read

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What To Do Immediately After a California Arrest

The hours immediately following an arrest are critical. California law gives you specific rights — but only if you invoke them. Here is exactly what to do:

Stay calm and do not resist. Resisting or obstructing an officer in California is a separate charge (Cal. Penal Code §148) that can make your situation significantly worse.
Invoke your right to remain silent. Say clearly: “I am invoking my right to remain silent and I want a lawyer.” Do not answer questions beyond providing your name and ID.
Do not consent to searches. Say: “I do not consent to any searches.” This preserves your Fourth Amendment rights even if officers proceed anyway.
Remember everything you can. Write down officer names, badge numbers, what was said, and circumstances as soon as possible — your attorney will need this.
Contact a criminal defense attorney before arraignment. In California, you must generally be arraigned within 48 hours of arrest (excluding weekends and holidays). Getting representation before this hearing protects your bail and release conditions.

The California Criminal Court Process: Step by Step

Understanding how California courts process criminal cases helps you know what to expect and where your attorney can have the most impact.

Arrest & Booking

Police take you into custody, document charges, fingerprint, and photograph you. You are held pending arraignment (generally within 48 hours in California, excluding weekends/holidays).

Arraignment

A judge informs you of the charges and your rights, you enter a plea, and bail or own-recognizance release is set. Having an attorney involved early matters for bail and release arguments.

Preliminary Hearing (Felonies)

For felonies, a judge reviews whether there is enough evidence to hold you to answer. Your attorney can cross-examine witnesses and move to reduce or dismiss charges.

Pre-Trial Motions

Your attorney can file motions to suppress evidence (Penal Code §1538.5 for unlawful searches or stops), dismiss charges (Penal Code §995), or compel discovery.

Plea Negotiations

The large majority of California criminal cases resolve with plea agreements. Your attorney negotiates for reduced charges, diversion, or lighter sentencing.

Trial

If no plea is reached, your case goes to a bench trial (judge) or jury trial. California requires a unanimous 12-person jury verdict in criminal cases.

Sentencing

If convicted, California judges impose sentences within the statutory range. Your attorney presents mitigating evidence and can argue for probation, diversion, or alternative sentencing.

California Criminal Charge Levels & Sentencing

Level	Examples	Punishment Range
Infraction	Minor traffic, some public nuisance	Fine only — no jail, no jury
Misdemeanor	First DUI, petty theft, simple assault	Up to 1 year county jail + fines
Wobbler	Grand theft, some assault, some drug offenses	Charged as felony OR misdemeanor
Felony (realigned)	Many non-violent, non-serious felonies	16 months–3 years county jail (PC §1170(h))
Felony (state prison)	Serious/violent felonies, sex offenses	Term in state prison per statute
Strike Offense	Serious or violent felony (PC §§667.5, 1192.7)	Doubled sentence; 3rd strike 25 yrs–life
Capital Offense	Special-circumstance murder	Life without parole or death

Source: California Penal Code. Sentences can vary; consult an attorney for your specific charges.

California’s Three Strikes Law: Why Priors Matter

California’s Three Strikes law (Penal Code §§667, 1170.12) can dramatically increase your sentence if you have prior serious or violent felony convictions. A second strike doubles the sentence for a new felony. A third strike can trigger 25 years to life — though Proposition 36 (2012) generally limits third-strike life terms to cases where the new offense is itself serious or violent.

If you have prior strikes, an experienced California defense attorney can file a Romero motion (People v. Superior Court (Romero)) asking the court to dismiss a prior strike in the interest of justice. This is one of the most consequential reasons to hire a qualified attorney early when priors are involved.

How To Choose a California Criminal Defense Attorney

Not all defense attorneys are equal. When evaluating California criminal defense lawyers, look for:

California bar admission and criminal defense focus. Verify license status through the State Bar of California online attorney search.
Local court experience. An attorney who regularly appears in your county’s courts knows the judges, prosecutors, and local procedures — this matters, especially across California’s 58 counties.
Trial experience. Ask specifically: “How many jury trials have you handled in the last two years?” You want someone willing and able to fight at trial if needed.
Experience with your specific charge. DUI, drug offenses, domestic violence, theft, and white-collar crimes each have distinct technical defenses.
Board or specialist certification (optional but strong). The State Bar of California certifies Criminal Law specialists — a meaningful credential.
Transparent fees. Get the full fee agreement in writing before signing anything.

⚠️ Red Flags to Avoid

Attorneys who guarantee a specific outcome before reviewing your case
Pressure to pay a large retainer before a full consultation
No written fee agreement
Attorneys who will not discuss trial experience or case results

California Cities: Find a Criminal Defense Attorney Near You

Law.AI has criminal defense attorneys in every major California city. Find one near you:

Los Angeles Criminal Defense San Diego Criminal Defense San Francisco Criminal Defense San Jose Criminal Defense Sacramento Criminal Defense Fresno Criminal Defense

California Criminal Defense FAQ

How long does a criminal case take in California?

California misdemeanor cases typically resolve in 2–6 months. Felony cases average 6–18 months and can take longer if they proceed to trial. California guarantees a speedy trial under Penal Code §1382: misdemeanor defendants in custody must generally be tried within 30 days of arraignment, and felony defendants within 60 days of arraignment, unless the defendant waives time.

What is the difference between a felony, misdemeanor, and infraction in California?

California has three offense levels. Infractions (Penal Code §19.6) are minor violations punishable by fine only, with no jail and no jury trial. Misdemeanors carry up to 1 year in county jail. Felonies carry 16 months or more in state prison or county jail under realignment. Some offenses are “wobblers” that a prosecutor or judge can charge as either a felony or a misdemeanor, which is why early legal representation matters.

Can a criminal record be expunged in California?

Yes. California Penal Code §1203.4 allows many people who completed probation to petition to have a conviction dismissed (commonly called expungement). Since 2023, California’s automatic record-relief law (Penal Code §1203.425, expanded by SB 731) also automatically seals many arrest and conviction records after a waiting period. Certain serious and sex offenses are excluded. A California criminal defense attorney can determine whether your record qualifies for relief.

Should I talk to police before hiring an attorney in California?

No. You have the right to remain silent and the right to an attorney under the Fifth and Sixth Amendments and the California Constitution. Clearly state “I am invoking my right to remain silent and I want a lawyer.” Questioning must stop once you unambiguously request counsel. Anything you say before that can be used against you, so contact a criminal defense attorney before speaking with law enforcement.

How much does a criminal defense attorney cost in California?

California criminal defense fees vary by charge severity and region. Misdemeanor defense typically costs $2,000–$7,500. Felony defense ranges from $7,500–$30,000+, with complex or trial cases reaching $50,000–$100,000+. Many attorneys offer free initial consultations. If you cannot afford an attorney, the court must appoint a public defender at no cost under the Sixth Amendment and Gideon v. Wainwright.

What is California’s Three Strikes law?

California’s Three Strikes law (Penal Code §§667, 1170.12) increases sentences for defendants with prior serious or violent felony convictions. A second strike doubles the sentence for a new felony; a third strike can trigger a sentence of 25 years to life. Proposition 36 (2012) narrowed the law so that a third-strike life sentence generally applies only when the new felony is itself serious or violent. If you have prior strikes, an experienced attorney can move to strike a prior under People v. Superior Court (Romero).

What should I do immediately after being arrested in California?

Stay calm and do not resist arrest — resisting is a separate California offense (Penal Code §148). Invoke your right to remain silent. Request an attorney immediately. Do not consent to searches. Write down everything you remember. In California, you must generally be brought before a judge for arraignment within 48 hours of arrest (excluding weekends and holidays), so contact a criminal defense attorney as soon as possible.

What are the penalties for a DUI in California?

A first-offense DUI in California (Vehicle Code §23152) is typically a misdemeanor: up to 6 months in county jail, fines and penalty assessments often totaling $1,500–$2,000+, a 6-month license suspension, DUI school, and possible ignition interlock. Penalties increase sharply for a BAC of 0.15+, repeat offenses within 10 years, or a DUI causing injury (which can be charged as a felony). A DUI attorney can challenge the stop, the chemical testing, and DMV license actions.