Criminal Defense Attorneys in San Rafael, CA

As the Marin County seat, San Rafael is where most local criminal cases are heard. A California-licensed criminal defense attorney who practices in San Rafael will review your charges for free.

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How we match your San Rafael criminal defense case

When you submit a San Rafael 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.

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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.

Criminal Defense cases in San Rafael

More about legal help in San Rafael →

San Rafael is Marin County's civic center, and criminal cases from across the county are handled at the Marin County Civic Center, where the Superior Court of California, County of Marin sits alongside the district attorney's office and county jail. Charges often arise from Highway 101 traffic stops, downtown Fourth Street nightlife, and domestic or theft allegations reported anywhere in the county. Early decisions about arraignment, bail, and whether to speak with investigators shape the outcome. DearLegal matches you with a California-licensed attorney who handles criminal defense cases in San Rafael, with a free review.

Misdemeanor and felony charges from San Rafael are handled in Marin County Superior Court at the Civic Center.
DUI and drug charges frequently follow Highway 101 stops and downtown nightlife enforcement.
Federal charges, or charges filed in neighboring counties, proceed in different courts with different procedures.

California criminal defense rules at a glance

San Rafael cases run under California law. The full walkthrough — timeline, when to call, case types, and what a recovery can include — is on the California page.

Read the full California criminal defense guide →

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

Exhibit D

How much do San Rafael 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.

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Exhibit F

San Rafael criminal defense questions, answered

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Cases charged by the Marin County District Attorney are heard in the Superior Court of California, County of Marin, at the Civic Center in San Rafael. Federal charges go to federal district court instead, and offenses in nearby counties are prosecuted there. An attorney can confirm which court and prosecutor are involved.

You have the right to remain silent and to have counsel present during questioning, and statements made without a lawyer are routinely used by the prosecution. Declining to answer questions is not evidence of guilt. Say clearly that you want an attorney, then stop answering questions.

Outcomes depend on the charge, your record, and the strength of the evidence. Possibilities can include diversion programs, reduction to a lesser offense, negotiated resolutions, or dismissal when evidence was obtained improperly. Court dates and motion deadlines come quickly, so getting a California attorney involved early matters.

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.