Facing a criminal charge in California

Bond and pretrial release in California

Article I Section 12 of the California Constitution makes most offenses bailable, with narrow exceptions for capital crimes and certain violent or sexual felonies when proof is evident or presumption great. Cal. Penal Code sections 1268 through 1320.34 govern release on bail and own recognizance. Under In re Humphrey (2021) 11 Cal.5th 135, the California Supreme Court held that conditioning pretrial release on a money bail amount the accused cannot afford violates due process and equal protection, requiring courts to consider ability to pay and less restrictive alternatives. Senate Bill 36 (2022) codified pretrial release reporting and reform requirements. Each county superior court publishes an annual countywide felony and misdemeanor bail schedule under Pen. Code section 1269b, used at booking before the first judicial appearance, where individualized review then occurs. Defendants may move under Pen. Code section 1289 to modify bail at any time.

Bond amounts, conditions, and timelines vary by county and judge. Confirm with counsel or the court.

Criminal defense attorneys serving California

Our directory is still building in California. Public-defender intake is available now.

Record clearing in California

California AB 1076 (effective 2021) provides automatic relief for many eligible records. Petition-based sealing and dismissal under Penal Code 1203.4 remain available for situations the automatic process does not cover.

Eligibility, waiting periods, and the petition vs. automatic pathway depend on the conviction class and the date of the offense. Confirm with counsel or the court record.

Public defender intake in California

Office of the State Public Defender serves STATEWIDE County. Public defenders are appointed by the court based on financial eligibility. We do not refer you to a specific public defender and we do not represent you.

Public defenders are appointed by the court based on financial eligibility. LawSensai does not refer you to a public defender and does not represent you. This packet is a courtesy summary you can share with your public defender or their intake staff. You remain responsible for applying to the court for appointed counsel.