California Criminal Defense Attorneys

At DearLegal, we connect you with experienced California criminal defense attorneys who navigate Prop 47 reductions, the modified Three Strikes Law, automatic record sealing under AB 1076, and the state’s nuanced determinate sentencing structure. Whether your case is in Los Angeles County, San Francisco, San Diego, Sacramento, or anywhere across the state, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. California police — LAPD, SFPD, CHP, sheriffs — are skilled interrogators. The Reid Technique is in active use, and what you say in a “casual” pre-Miranda conversation is admissible. Invoke your Fifth Amendment right to silence and Sixth Amendment right to counsel clearly: “I’m invoking my right to remain silent and I want an attorney.”

Yes. California misdemeanors carry up to 6 months or 1 year in county jail, fines up to $1,000–$10,000, and collateral consequences (immigration, licensing, firearm rights). Many misdemeanors are eligible for diversion (Pen. § 1001.95, mental health diversion under § 1001.36, military diversion under § 1001.80) — but only with effective advocacy.

State cases go through California Superior Court under the Penal Code. Federal cases are filed in the U.S. District Courts for the Northern (San Francisco/Oakland/San Jose), Central (Los Angeles/Santa Ana/Riverside), Eastern (Sacramento/Fresno), or Southern (San Diego) Districts of California — and follow the U.S. Sentencing Guidelines. California’s federal courts handle massive volume: drug trafficking, immigration (especially in the Southern District), § 922(g) firearms, fraud, and securities cases.

California plea agreements under Pen. § 1192.5 are negotiated between the DA and defense. The judge must approve, and Pen. § 1192.7 restricts plea bargaining in serious/violent felony cases — but charge reduction through Pen. § 17(b) (felony to misdemeanor) and dismissal of strike priors under People v. Superior Court (Romero) remain available. Mental health diversion, drug diversion, and military diversion provide alternatives to conviction.

California uses several mechanisms. Pen. § 1203.4 “expungement” isn’t true expungement — it’s a dismissal after probation that lets you legally answer “no conviction” to most employers (but the record still exists). AB 1076/SB 731 (2021-2023) provide automatic relief for many older convictions. Pen. § 851.91 seals arrest records for cases without conviction. Pen. § 11361.8 (Prop 64) lets you reduce or dismiss marijuana convictions retroactively.

California handles juveniles under 18 in juvenile delinquency court under Welfare & Institutions Code § 602. Juvenile records can be sealed under W&I § 781 — typically automatically at 18 under recent reforms — but transfers to adult court under W&I § 707 for serious offenses by 16- and 17-year-olds create permanent adult records. Prop 57 (2016) ended direct file by DAs, requiring judicial transfer hearings.

California DUI under Veh. Code § 23152 uses .08 BAC (.04 commercial, .01 under-21, .04 rideshare/taxi drivers under SB 1046). Implied consent applies under Veh. Code § 23612 — refusal triggers a 1-year license suspension on top of any DUI penalties. Ignition interlock is mandatory statewide for all DUI convictions under Veh. Code § 23575.3 (effective 2019). Fourth DUI in 10 years is a felony.

Why Do You Need a Criminal Defense Attorney in California?

California has the most complex criminal sentencing scheme in the country. The Determinate Sentencing Law (Cal. Pen. Code § 1170) gives most felonies a triad of low/middle/high terms — and as of 2022 SB 567, the middle term is presumed unless the court finds aggravating factors proven beyond a reasonable doubt. The Three Strikes Law (Pen. § 667 and § 1170.12), modified by Prop 36 in 2012, requires the third strike to be a serious or violent felony for the 25-to-life enhancement (with exceptions). Prop 47 (2014) reduced many drug and theft offenses from felonies to misdemeanors, and Prop 64 (2016) legalized recreational marijuana for adults 21+. AB 1076 (2019) requires the state to automatically seal arrest records and certain conviction records after waiting periods. Plea bargaining is restricted in serious/violent felony cases under Pen. § 1192.7, but informal negotiation and charge bargaining remain common. California has 58 counties, each with its own DA — practices vary widely between LA, SF, and conservative Central Valley counties.

When Do You Need a Criminal Defense Attorney in California?

Our network includes California criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in California

From the moment you connect with a California criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to California police, sheriffs, or CHP without an attorney

Consenting to a search of your car, home, phone, or social media when CalECPA may require a warrant

Missing a California court date — bench warrants and bail forfeiture follow immediately

Posting about the case on Instagram, TikTok, or Snapchat — California DAs subpoena platforms aggressively

Deleting messages, photos, or videos from your phone — Pen. § 135 (destroying evidence) and Pen. § 132 (false documents) are charged

Accepting the DA’s first plea offer without exploring Romero motions, Pen. § 17(b), or mental health/military/drug diversion

Talking to California police, sheriffs, or CHP without an attorney

Consenting to a search of your car, home, phone, or social media when CalECPA may require a warrant

Missing a California court date — bench warrants and bail forfeiture follow immediately

Posting about the case on Instagram, TikTok, or Snapchat — California DAs subpoena platforms aggressively

Deleting messages, photos, or videos from your phone — Pen. § 135 (destroying evidence) and Pen. § 132 (false documents) are charged

Accepting the DA’s first plea offer without exploring Romero motions, Pen. § 17(b), or mental health/military/drug diversion

Common California Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do California Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in California work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Cal. Rule of Professional Conduct 1.5(d) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases (homicide, capital, federal, multi-count) use hourly billing with substantial retainers. The Los Angeles County, San Francisco, San Diego, and Alameda County Public Defender Offices represent indigent defendants — some of the most respected PD offices in the country.

What Can Your California Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through Pen. § 995 motion (insufficient evidence), motion to suppress under Pen. § 1538.5, speedy trial violation (Pen. § 1382), or DA dismissal in furtherance of justice (Pen. § 1385).

Charge Reduction

Pen. § 17(b) reduction of wobblers from felony to misdemeanor. Romero motion (People v. Superior Court (Romero) (1996)) to strike strike priors. Reduction through plea negotiation.

Pretrial Diversion

Misdemeanor diversion (Pen. § 1001.95), mental health diversion (Pen. § 1001.36), military diversion (Pen. § 1001.80), drug diversion (Pen. § 1000), and DA-run pre-charging diversion programs. Successful completion means dismissal.

Plea Agreement

Negotiated resolution under Pen. § 1192.5. Includes charge reductions, dismissed counts, stipulated sentences, and probation in lieu of prison. Pen. § 1192.7 restricts plea bargaining in serious/violent felony cases but not entirely.

Trial Acquittal

Not guilty verdict by California jury or judge. California criminal juries must be unanimous (12 for felonies; 12 for misdemeanors unless waived to fewer).

Post-Conviction Relief

California habeas (Pen. § 1473), Pen. § 1473.7 vacatur for immigration consequences, Pen. § 1170(d) sentence recall, Pen. § 1170.95/§ 1172.6 felony murder relief, and Pen. § 1203.4 dismissal after probation.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

California Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in California?

When Do You Need a Criminal Defense Attorney in California?

Types of Criminal Defense Cases in California

Common California Criminal Defense Mistakes

How Much Do California Criminal Defense Attorneys Cost?

What Can Your California Criminal Defense Compensation Include?

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