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.

Free to use — fees quoted upfront, before you commit
Matched with a California attorney in 24 hours
30,000+ plaintiffs served nationwide

Free California criminal defense case review

A California attorney will take a look. Or call 1-833-WELEGAL.

How we match your California criminal defense case

When you submit a California criminal defense matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A criminal defense matter needs someone who handles criminal defense work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under California law, so it goes to an attorney licensed in California who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

Get started How DearLegal works

DearLegal provides marketing and matching services and is not a law firm, and is not a State Bar-certified lawyer referral service. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Exhibit A

What happens with a criminal defense claim in California

Day 0
Arrest or charge.
Say nothing beyond identifying yourself and ask for a lawyer. Do not consent to searches. Everything after this is built on what you did not say.
Within 24 hours
Tell us what happened.
Two minutes on this page. A California criminal defense attorney reviews it for free and, if it’s a fit, you’re matched within 24 hours.
Days 1–14
First appearance and bail.
Your attorney addresses release conditions and gets the charging documents. In California, this is where the tone of the case is set.
Weeks to months
Discovery and motions.
Police reports, video, lab work, witness statements. Motions to suppress or dismiss are filed where the evidence was obtained improperly.
Before trial
Negotiation or trial.
Most cases resolve by dismissal or plea; some go to trial. Your attorney advises on the risk of each with the actual evidence in hand.
Resolution
Outcome and record.
Fees are quoted before you commit — hourly or a retainer, spelled out in writing at the free consultation.

Felony Statute of Limitations: No limit
No limit for offenses punishable by death or life imprisonment (e.g., murder); 6 years for felonies punishable by 8+ years; 3 years for other felonies (Cal. Pen. Code § 800, § 801, § 799)
Misdemeanor Statute of Limitations: 1 year
1 year for most misdemeanors (Cal. Pen. Code § 802)
Sentencing Structure: Determinate Sentencing
Determinate Sentencing Law under Cal. Pen. Code § 1170 — low/middle/high triad with SB 567 (2022) middle-term presumption; Three Strikes enhancements under Pen. § 667/§ 1170.12 (modified by Prop 36, 2012)
Expungement / Record Sealing: Cal. Pen. Code § 1203.4
Cal. Pen. Code § 1203.4 dismissal (post-probation); Pen. § 851.91 arrest sealing; AB 1076/SB 731 automatic relief for many offenses; Prop 64 marijuana reclassification (Pen. § 11361.8)
Bail / Pretrial Release: Cal. Const. Art
Cal. Const. Art. I, § 12 bail right with exceptions; In re Humphrey (2021) requires ability-to-pay findings; SB 10 (2018) cash bail elimination struck down by Prop 25 referendum (2020), so cash bail remains
Typical attorney fee: Hourly
Hourly / Flat Fee

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.

Exhibit B

When to call a criminal defense attorney in California

Does any of this sound like you? Tap what applies.

0of 6 apply

Tick anything that applies. Even one is reason enough to talk to a California criminal defense attorney before you talk to an insurer.

Talk to an attorney anyway

Meanwhile, don’t

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

Exhibit C

Criminal Defense cases we take in California

Which one is closest to yours?

DUI / DUI with injury / Felony DUI

California DUI under Veh. Code § 23152 (.08 BAC; .04 commercial; .04 rideshare under SB 1046; .01 under-21). Felony DUI with injury (Veh. Code § 23153) or fourth offense in 10 years. Mandatory IID statewide since 2019.

Sound like yours? A California attorney reviews it free — fees are quoted upfront, before you commit.

Start my free review

Exhibit D

How much do California criminal defense attorneys cost?

Typical fee schedule

California · Criminal Defense

Fee modelHourly / Flat Fee

Feequoted per petition or matter

Filing costsitemized upfront

Case reviewFree

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Criminal Defense matters in California are usually a flat fee per filing — quoted before you commit, not billed by the hour.

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.

A good attorney walks through every number at your free consultation — before you sign anything.

Get startedTakes about two minutes. No obligation.

Exhibit E

What your California criminal defense compensation can include

A California criminal defense recovery is built from several parts. Tap one to see what it covers.

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).

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.

Exhibit F

California criminal defense questions, answered

Still unsure? Tell us what happened and a California attorney will review it for free.

Start free review

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.

Criminal Defense attorneys by city in California

Same California rules and the same attorneys — with what’s local to each city.

Other case types in California

All California practice areas →

Animal Incident attorneysCalifornia holds dog owners strictly liable for bites — the owner pays even if the dog had never bitten anyone before.

Business Dispute attorneysCalifornia bans most non-compete clauses, which shifts the leverage in partnership and employment disputes.

Car Accident attorneysPure comparative fault means even partially at-fault drivers can recover — an attorney protects your share against insurer pushback.

Consumer Protection attorneysCalifornia’s consumer-protection and unfair-competition laws give consumers some of the strongest claims in the country.

Defective Product attorneysCalifornia pioneered holding manufacturers strictly liable for defective products — and still leads on consumer-protective doctrine.

Employment attorneysCalifornia’s state civil-rights agency and worker-protection laws give employees more leverage than federal law alone — if filed on time.

Family Law attorneysCalifornia is a community-property state, and the law traces separate-property contributions back through the marriage — math matters here.

Immigration attorneysCalifornia has the largest immigrant population in the U.S. — and immigration courts in San Francisco, Los Angeles, and San Diego each run on different timelines.

Lemon Law attorneysCalifornia’s Lemon Law lets you recover up to 2x actual damages plus attorney fees from the manufacturer.

Medical Malpractice attorneysCalifornia recently raised its medical-malpractice caps on pain-and-suffering damages, and they now rise each year — a reform that re-opens cases the old cap discouraged.

Personal Injury attorneysA 2-year filing deadline and pure comparative fault frame every California PI case — the math of your recovery starts here.

Slip and Fall attorneysCalifornia premises liability turns on notice and reasonableness — courts have set clear rules for how often stores must inspect for hazards.

Social Security Disability attorneysCalifornia’s SSA hearing offices (Oakland, Los Angeles, San Diego) handle some of the country’s longest waits — an attorney accelerates and strengthens your claim.

Workers’ Compensation attorneysCalifornia’s workers’ comp division runs hearings statewide — and the state’s medical-evaluator process can make or break your impairment rating.

California Criminal Defense Attorneys

How we match your California criminal defense case

Case type

Size and complexity

Jurisdiction and licensing

Capacity and fit

What happens with a criminal defense claim in California

Arrest or charge.

Tell us what happened.

First appearance and bail.

Discovery and motions.

Negotiation or trial.

Outcome and record.

When to call a criminal defense attorney in California

Criminal Defense cases we take in California

DUI / DUI with injury / Felony DUI

Drug possession and trafficking

Assault and battery

Domestic violence

Theft and shoplifting

White-collar crimes

Gun and firearm charges

Sex offenses

Homicide

Juvenile offenses

Probation and PRCS violations

Federal crimes in California

How much do California criminal defense attorneys cost?

What your California criminal defense compensation can include

Charge Dismissal

Charge Reduction

Pretrial Diversion

Plea Agreement

Trial Acquittal

Post-Conviction Relief

California criminal defense questions, answered

Criminal Defense attorneys by city in California

Other case types in California

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