Criminal Law Blog

Assault Charges: Can They Be Dropped or Dismissed?

An assault charge does not wait. The moment law enforcement files a case, the window for effective defense begins closing. For anyone navigating this situation, the core question arrives fast: can assault charges be dropped, or is a conviction the likely outcome?

Assault charges can be dropped or dismissed, but not automatically and not without a defense strategy built around how California prosecutions actually work.

What Are Assault Charges in California?

California law defines assault as an unlawful attempt to commit a violent injury on another person, combined with the present ability to do so. Physical contact is not required. That surprises most people who are charged for the first time.

Assault charges affect more than the immediate case. A conviction touches your criminal record, employment eligibility, professional licensing, housing, and immigration status. Talking with a Los Angeles Assault and Battery Attorney early in the process gives you an accurate picture of what you are actually facing before the case builds further.

Types of Assault Charges in California

The types of assault charges under California law carry different penalties and call for different defenses. The charge category matters from the start.

Simple Assault

Penal Code 240 covers simple assault, a misdemeanor that applies to attempts to apply harmful or offensive contact without a weapon and without causing serious injury. Penalties typically include up to six months in county jail and a fine of up to $1,000.

Aggravated Assault

Penal Code 245 governs aggravated assault, which involves a deadly weapon or force likely to cause great bodily injury. Depending on the circumstances and the defendant’s prior convictions, it may be charged as either a misdemeanor or a felony.

Assault and Battery

Assault and battery charges frequently appear together. Assault is the attempt; battery is the completed act. 

Understanding the distinctions between these offenses becomes clearer when looking at Simple vs. Aggravated Assault in California.

Who Has the Power to Drop Assault Charges?

The victim cannot drop assault charges. That is the single most important thing to understand about how California criminal cases work.

Once law enforcement submits a case, the authority to pursue or dismiss it belongs entirely to the prosecution. The victim’s preferences are one input, not the decision. Knowing this changes everything about how to drop assault charges in a way that actually produces results.

Can assault charges be dropped? Yes. The prosecutor initiates that outcome based on evidence strength, witness cooperation, and what the defense raises. Dropping assault charges in California requires specific conditions that prosecutors must consider. None of them happen without active defense work.

Common Reasons Assault Charges Get Dropped or Dismissed

How to get assault charges dismissed usually comes down to one of a handful of concrete factors.

Lack of evidence is the most common. If the prosecution cannot prove every element beyond a reasonable doubt, the case falters. Inconsistent witness accounts, missing physical evidence, and credibility problems all create the kind of openings that lead to dismissal.

Self-defense is a recognized legal basis under California law. If you used reasonable force to protect yourself or someone else from imminent harm, that defense can neutralize the prosecution’s theory.

A diversion program may result in an assault case dismissed in California courts process for qualifying first-time defendants. The defendant completes certain requirements. The case closes upon completion; eligibility must be established early.

When a victim recants or refuses to cooperate, the practical ability to prosecute weakens. This does not automatically end the case but can affect the prosecutor’s decision.

What Happens If the Victim Wants to Drop the Charges?

The process is more complicated than most people expect.

A prosecutor can proceed with or without victim cooperation when independent evidence exists: surveillance footage, a criminal protective order already on record, medical documentation, or third-party witnesses. In those situations, victim recantation alone does not end the case.

When victim testimony is the only real evidence, though, dropping assault charges becomes a realistic outcome. Prosecutors evaluate their cases practically. A case they cannot win at trial rarely goes to trial.

What a victim cannot do is unilaterally close a prosecution. What they can do is communicate their position to the prosecutor, and that carries weight. A Violent Crimes Defense attorney understands how to navigate this dynamic without creating additional legal exposure.

What a Defense Attorney Can Do to Fight Your Assault Charges?

How to fight assault charges in California is not a single-path question. The approach depends on the evidence, the charge level, the court, and what the facts actually support.

Defense attorneys examine witness credibility, review law enforcement conduct, and identify procedural violations that could result in suppression of evidence. These issues do not surface on their own. They require someone actively looking for them.

When a full dismissal is not a realistic goal, the focus shifts toward negotiating the best available outcome. A plea agreement that reduces a felony assault to a misdemeanor, or results in probation rather than custody, is still a significant result. Defense strategies vary by case, but they all share one common feature: early engagement with an experienced attorney.

How to fight assault charges effectively means starting before the case has already run against you. To clarify, how to get assault charges dismissed or substantially reduced depends on how quickly that work begins.

Conclusion

Assault charges in California are serious. They are also dropped, dismissed, and reduced regularly. That outcome requires the right defense, started early enough to matter.

Manshoory Law Group is an experienced criminal defense firm serving Los Angeles, Orange County, and San Bernardino County. Contact us for a free case analysis. Call (877) 977-7750 or reach us online.

When Can Police Search Your Cell Phone in California?

Your phone holds your texts, photos, banking, location history, health data, and conversations with everyone you know. So when police ask for it during a traffic stop or take it from you after an arrest, the question matters enormously: can they actually search it?

The short answer in California is: almost always, no, not without a warrant. The longer answer involves a landmark Supreme Court case, the strongest state digital privacy law in the country, and a handful of exceptions that can make or break a criminal case.

This guide breaks down exactly when police can search your phone in California, what your rights are, and what to do if you think your phone was searched unlawfully. If you’re already facing charges where phone evidence is involved, talk to a Los Angeles criminal defense attorney before you say anything else to investigators.

The General Rule: Police Need a Warrant

Under the Fourth Amendment of the U.S. Constitution and Article I, Section 13 of the California Constitution, you are protected against unreasonable searches and seizures. For most personal property, police need a warrant supported by probable cause before they can search.

For cell phones specifically, the Supreme Court answered the question directly in 2014.

Riley v. California: The Landmark Ruling

In Riley v. California (2014), the U.S. Supreme Court ruled unanimously that police generally need a warrant to search the digital contents of a cell phone, even when the phone is seized during an otherwise lawful arrest.

Chief Justice John Roberts wrote that comparing a search of a smartphone to a search of physical items found on an arrestee is “like saying a ride on horseback is materially indistinguishable from a flight to the moon.” The amount of personal data on a modern phone, photos, messages, location history, financial records, medical information, was treated by the Court as fundamentally different from anything that came before.

The Court’s instruction to law enforcement was direct: get a warrant.

What Riley means in practice:

• Police can seize your phone when they arrest you (to preserve evidence)
• Police generally cannot search the contents without a warrant
• The “search incident to arrest” exception, which lets officers search a person’s pockets and immediate area, does not extend to the digital contents of a phone
• Limited exceptions still apply (covered below)

CalECPA: California’s Stronger Protection

California went further than the federal standard by passing the California Electronic Communications Privacy Act (CalECPA), codified at California Penal Code § 1546. It took effect January 1, 2016 and has been called the strongest digital privacy law in the United States.

Under CalECPA, no California government agency can:

• Search your electronic device (phone, tablet, laptop)
• Demand your data from a service provider (Apple, Google, Verizon, Meta)
• Obtain your location information from cell carriers
• Access your cloud-stored data

…without one of the following:

1. A search warrant based on probable cause
2. Your free and voluntary consent
3. A genuine emergency involving danger of death or serious physical injury
4. A subpoena for specific narrow categories of subscriber information

The law also requires that the target of a warrant be notified of the search, even when it goes through a third-party service provider. That’s a major protection that federal law doesn’t require.

Carpenter v. United States: Cell Site Location Data

In Carpenter v. United States (2018), the Supreme Court extended warrant protection further: police generally need a warrant to obtain historical cell-site location information from your wireless carrier. This is the data that shows where your phone (and, by extension, you) has been over days, weeks, or months.

Before Carpenter, police could often get this information through a simple court order with a lower standard than probable cause. After Carpenter, a warrant is the default. California law already required this under CalECPA, but Carpenter made it a nationwide constitutional standard.

When Police Can Search Your Phone Without a Warrant

There are still limited situations where a warrantless phone search is legal:

Consent. If you give free and voluntary consent, police don’t need a warrant. This is the single most common way phone searches happen, and it’s almost always a mistake to consent. You can refuse. Politely say: “I do not consent to a search of my phone.”

Exigent circumstances (true emergencies). If police reasonably believe:

• The phone is about to be remotely wiped
• The phone contains data needed to prevent imminent harm (locating a kidnapping victim, for example)
• Evidence will be destroyed before a warrant can be obtained

…they may search without a warrant. Courts scrutinize exigent-circumstances claims carefully, and “we wanted to act fast” doesn’t qualify.

Probation or parole search conditions. If you’re on probation or parole with a search condition that expressly includes electronic devices, your consent has effectively been given as a condition of release. This is one of the most common exceptions in California criminal practice.

Border searches. At the U.S. border, including international airports, federal agents have broader authority. Basic searches of a phone (manual scrolling) can happen without any suspicion. Forensic searches (using software to extract data) generally require reasonable suspicion under recent Ninth Circuit rulings, though the law continues to evolve.

Inventory search at booking. Limited inspection of a phone’s exterior during booking (recording the phone’s existence, model, and visible identifiers) is generally allowed. Searching the contents still requires a warrant.

Passcodes vs. Face ID and Fingerprint: A Critical Distinction

This is one of the most active areas of phone-search law right now.

Passcodes: Courts have generally held that compelling you to disclose a passcode violates your Fifth Amendment right against self-incrimination, because giving up the passcode is “testimonial.” Police can’t force you to tell them your password.

Biometrics (Face ID, fingerprint, retina): Courts are split. Many have held that biometrics are not “testimonial” because they’re physical characteristics, similar to a fingerprint at booking. Under this view, police with a warrant can compel you to unlock your phone with your face or finger. Other courts have disagreed.

Practical tip: If you’re concerned about phone security in a law enforcement context, a strong passcode currently offers more legal protection than biometric unlock. On iPhone, holding the side button and a volume button briefly disables Face ID until the passcode is entered again. Similar features exist on Android.

What to Do If Police Ask to Search Your Phone

Whether during a traffic stop, a street encounter, or after an arrest, your response matters:

1. Stay calm and polite. Don’t argue or physically resist.
2. Do not consent. Say clearly: “I do not consent to a search of my phone.”
3. Do not unlock it. You’re not required to provide your passcode. If they have a warrant, that’s a different conversation, ask to see it.
4. Invoke your rights. “I am invoking my right to remain silent. I want a lawyer.”
5. Don’t try to delete anything. That can lead to obstruction or destruction-of-evidence charges, and it triggers the exigent-circumstances exception.
6. Remember the details. Officer names, badge numbers, time, what was said, what you said in response.
7. Call a criminal defense attorney immediately.

Even if police seize your phone, refusing consent preserves your ability to challenge any subsequent search in court. If they search anyway without a warrant or valid exception, your attorney can move to suppress the evidence.

For a broader look at when police can search you, your car, or your home, see our overview of California search and seizure laws and our guide to search warrants in California.

What If Police Searched Your Phone Without a Warrant?

If your phone was searched without a warrant and no valid exception applies, your attorney has powerful tools:

Motion to suppress under Penal Code § 1538.5. Your lawyer can ask the court to exclude any evidence obtained from the unlawful phone search. If the suppressed evidence was central to the case, the prosecution may be forced to dismiss or significantly reduce charges.

CalECPA suppression remedy. Penal Code § 1546.4 specifically allows defendants to move to suppress electronic information obtained in violation of CalECPA. This is in addition to Fourth Amendment remedies, and it’s often broader.

Fruit of the poisonous tree. Evidence derived from the illegal phone search, even if technically separate, can also be suppressed if it would not have been discovered without the unlawful search.

Many California criminal cases involving phone evidence turn entirely on these motions. A successful suppression motion can end a case before trial.

Frequently Asked Questions

Can police search my phone if they arrest me?

Generally, no. Under Riley v. California, police can seize your phone during an arrest to preserve evidence, but they cannot search its digital contents without a warrant or a recognized exception like consent or exigent circumstances.

Do I have to give police my passcode in California?

No. Compelling you to disclose your passcode generally violates the Fifth Amendment right against self-incrimination. You can decline. Politely say: “I do not consent to unlocking my phone.”

Can police make me unlock my phone with Face ID or my fingerprint?

The law is unsettled. Some courts have held that biometric unlocks are not “testimonial” and can be compelled with a warrant. Others disagree. A strong passcode currently offers more legal protection than biometric unlock in this context.

Can police search my phone if I’m just being pulled over for a traffic violation?

No, not without your consent or a warrant. A routine traffic stop does not authorize a phone search, even if you’re being cited or briefly detained. You can refuse consent.

What if I’m on probation? Can my phone be searched without a warrant?

It depends on your probation conditions. If your terms include a search condition that expressly covers electronic devices, officers can usually search your phone without a warrant. If the condition doesn’t mention electronic devices specifically, the search may still require one.

Can federal agents search my phone at the airport?

Yes, with broader authority than local police. At the U.S. border, including international airports, basic manual searches of a phone can happen without any suspicion. Forensic searches (extracting data with software) generally require reasonable suspicion under current Ninth Circuit law. Domestic flights from a California airport are different and don’t trigger border-search authority.

Talk to a Los Angeles Criminal Defense Attorney Today

If police have searched your phone, seized it, or are asking for access, the decisions you make in the next few hours and days can shape the entire outcome of your case. Phone evidence is at the heart of countless modern prosecutions, drug cases, DUIs, theft, fraud, sex crimes, gang allegations, and the difference between a conviction and a dismissal often comes down to whether that evidence was lawfully obtained.

The criminal defense attorneys at Manshoory Law Group know how to scrutinize phone searches, identify Fourth Amendment and CalECPA violations, and move to suppress unlawfully obtained evidence. We’ve handled these motions across Los Angeles, Orange County, and the wider Southern California region.

For more on what to expect during a police encounter, see our guide to your rights when arrested.

Consultations are free, and we’re available 24/7. Flexible payment plans are available.

Call 877-977-7750 today or contact us online to speak with an attorney.

Facing a Theft Charge in San Bernardino? Here’s How the Process Works

A theft charge in San Bernardino often begins with an arrest or investigation that escalates quickly, sometimes from a store incident, dispute, or police report. What follows is a structured legal process, not an immediate outcome, where the San Bernardino County District Attorney decides whether to file petty theft charges, grand theft charges, or decline the case.

From arrest to arraignment, each stage can influence how the case is charged and resolved. Understanding how theft charges in San Bernardino move through this system is key to making informed decisions early, before critical defense opportunities narrow.

How Theft Arrests Are Processed in San Bernardino

A San Bernardino Police Department theft arrest begins with the booking process: fingerprinting, charge classification, and a custody determination. Whether you are cited and released or held depends on the alleged value of the property involved.

Misdemeanor theft typically results in a citation and a court date. Felony-level charges more often mean a custody hold until arraignment. Law enforcement transfers the arrest report to the San Bernardino County District Attorney’s office, which makes the formal charging decision. That decision is not fixed at the moment of arrest.

An attorney involved before arraignment can sometimes shape how the DA reads the facts. Contact Theft Crimes Defense counsel before making any statement to investigators or prosecutors. That window closes fast.

Where San Bernardino Theft Cases Are Heard: San Bernardino Superior Court

A San Bernardino Superior Court theft case is prosecuted by the District Attorney’s office and moves through arraignment, pretrial hearings, and resolution by plea, dismissal, or trial. From arrest through resolution, each stage of the process is governed by California law. 

At arraignment, you enter a plea and the court addresses bail. Charge categorization matters from day one. Understanding the distinction between theft and related offenses shapes what the prosecution must prove and where the defense has room to work. See Robbery vs. Theft in California for a breakdown that directly affects defense strategy.

The volume of Inland Empire theft charges San Bernardino courts handle is significant. A second San Bernardino Superior Court theft case on someone’s record changes what the DA will offer and what a defense can realistically achieve.

Petty Theft vs. Grand Theft: What the Charge Means in the Inland Empire

The dividing line in California is $950.

Property valued at $950 or less is petty theft under Penal Code 488. Anything above that threshold is grand theft under Penal Code 487. Penal Code 484 defines theft itself, the foundation both statutes draw from.

Petty theft charges are typically misdemeanors. Grand theft charges can be filed as a misdemeanor or a felony depending on the property type and the defendant’s prior record. Shoplifting falls inside this framework and follows the same valuation threshold.

The Inland Empire theft charges San Bernardino prosecutors most often pursue involve retail theft, vehicle components, and property taken during disputes. Valuation is contested more often than most defendants expect.

See Petty Theft Defense in California for how these cases are challenged at the misdemeanor level.

Penalties for Theft Charges in San Bernardino

Misdemeanor theft carries up to six months in county jail and fines up to $1,000. When grand theft is elevated to a felony, based on property type or prior convictions, the sentencing range is 16 months to three years in state prison. Grand theft of a firearm is always a felony, without exception.

Restitution is commonly ordered alongside jail time and fines, extending the financial consequences well beyond the sentencing date.

Prior convictions are the variable that changes most outcomes. A prior theft record can push a borderline misdemeanor into felony exposure and narrow negotiating room in ways that only become clear after the DA has already filed.

For context on how charge categories are defined under California law, see Larceny vs. Theft.

Can San Bernardino Theft Charges Be Reduced or Dismissed?

Yes, and it happens more often than many defendants expect.

There are several paths to a favorable outcome: 

• charge reduction through a plea agreement
• enrollment in a diversion program
• dismissal when the prosecution’s evidence has meaningful weaknesses

First-time defendants facing petty theft charges are often strong candidates for diversion, a resolution that results in no conviction on the record if all conditions are met.

Grand theft charges are more complex, but preliminary hearings present a genuine opportunity. If the prosecution cannot meet the evidentiary standard at that stage, the case can end before trial.

Achieving the best result in San Bernardino requires knowing when the DA’s office negotiates and what it takes to get there. That judgment comes from direct experience in these courts with these prosecutors, not from general knowledge of criminal defense alone.

How a Defense Attorney Fights Theft Cases in San Bernardino

California theft law requires proof that the defendant intended to permanently deprive the owner of the property. That intent element is where many theft defense San Bernardino cases are decided. Not on what happened, but on what the defendant meant.

Beyond intent, effective strategies include challenging the property valuation (which determines felony vs. misdemeanor exposure), disputing ownership, and identifying procedural errors in how the arrest or evidence collection was handled. Valuation challenges are particularly useful in grand theft cases where the stated number is disputed.

A San Bernardino criminal defense attorney with a consistent courtroom presence in San Bernardino County understands how local prosecutors evaluate these cases. Theft charges in San Bernardino are often decided by judgment calls: charging decisions, plea offers, and sentencing recommendations. Those calls respond differently to different attorneys.

See Grand Theft Defense in California for how felony-level theft charges are contested in detail.

Once a theft charge is filed in San Bernardino, the process moves forward regardless of the circumstances. Early intervention is what creates options.

Manshoory Law Group, APC defends clients facing theft charges in San Bernardino and throughout San Bernardino County. Call (877) 977-7750 for a free case analysis.

How Long Does the State Have to File Criminal Charges in California?

If you think you might be under investigation, or you’ve heard that someone is considering filing charges over something that happened years ago, one of the first questions on your mind is probably: how long does the state actually have to file charges? In California, the answer depends on the crime. For most misdemeanors, prosecutors have one year. For most felonies, three years. For the most serious offenses, including murder and certain sex crimes, there is no deadline at all.

Below, we break down California’s statute of limitations rules, the exceptions that can extend the clock, your right to a speedy trial once charges are filed, and what to do if you believe charges against you were filed too late.

If you’ve been contacted by police or you believe a charge may be coming, talk to a Los Angeles criminal defense attorney before you do anything else. The decisions you make during a pre-filing investigation often matter more than what happens after charges are filed.

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum time after a crime is alleged to have been committed during which the state can file charges. If the deadline passes and no charges have been filed, the prosecutor loses the ability to bring the case. If they file anyway, your attorney can ask the court to dismiss the charges.

The rules exist for good reasons. Evidence disappears. Memories fade. Witnesses move, die, or become unreachable. Forcing the state to act within a reasonable window protects defendants from having to defend against stale allegations they may have no realistic way to challenge.

California’s main statute of limitations rules are codified in Penal Code § 799 through 805.

California Statute of Limitations by Crime Type

Here are the default time limits under California law:

One year (most misdemeanors), Penal Code § 802

Applies to most misdemeanor offenses not punishable by state prison, including:

• DUI (Vehicle Code § 23152)
• Petty theft (Penal Code § 484)
• Misdemeanor hit and run (Vehicle Code § 20002)
• Simple drug possession (Health & Safety Code § 11350)
• Disorderly conduct (Penal Code § 647)

Three years (most felonies), Penal Code § 801

Applies to felony offenses punishable by less than eight years in state prison, including:

• Assault with a deadly weapon (Penal Code § 245)
• Grand theft (Penal Code § 487)
• Drug sales (Health & Safety Code § 11352)
• Many forgery and theft offenses

Five years, Penal Code § 803.7

Applies to felony domestic violence (Penal Code § 273.5, corporal injury to a spouse or cohabitant). This was extended from three years in 2020.

Six years (serious felonies), Penal Code § 800

Applies to felonies punishable by eight or more years in state prison, including:

• First-degree robbery (Penal Code § 211)
• Arson (Penal Code § 451)
• Vehicular manslaughter while intoxicated (Penal Code § 191.5)

Ten years, Penal Code § 801.1(b)

Applies to most felony sex offenses that require sex offender registration under Penal Code § 290 and were not covered by Senate Bill 813.

No statute of limitations, Penal Code § 799

Charges can be filed at any time, no matter how much time has passed, for:

• Murder (Penal Code § 187)
• Any offense punishable by death or life in prison without parole
• Embezzlement of public funds
• Most serious sex offenses involving force or a child victim (under Senate Bill 813 and subsequent amendments, covered below)

How “Wobbler” Offenses Are Treated

Some California crimes can be filed as either a misdemeanor or a felony, depending on the facts and the defendant’s history. These are called wobblers. Common examples include domestic violence, grand theft, commercial burglary, and certain DUI offenses.

Under Penal Code § 805, the statute of limitations for a wobbler is based on the maximum felony exposure, even if the prosecutor ultimately charges it as a misdemeanor. So a wobbler that carries a three-year felony exposure has a three-year statute of limitations regardless of how the charging document is eventually filed. To understand how this impacts the case strategy more broadly, see our overview of wobbler offenses and misdemeanor probation.

When the Clock Starts and When It Stops

The general rule is that the statute of limitations starts running on the day the crime was allegedly committed. But there are important exceptions.

The discovery rule (Penal Code § 803(c)). For certain offenses, the clock doesn’t start until the crime is discovered or reasonably should have been discovered. This applies to:

• Fraud and breach of fiduciary duty
• Theft or embezzlement from elderly or dependent adults
• Misconduct by a public official

For these crimes, prosecutors can sometimes file charges decades after the conduct occurred, as long as they act within the limitations period after discovery.

Tolling for absence from California (Penal Code § 803(d)). If a suspect leaves the state to avoid prosecution, the statute of limitations is paused for up to three years during that absence. This prevents people from running out the clock by crossing state lines.

Tolling during a pending prosecution. Once a charge is filed against you for a particular crime, the statute of limitations stops running on that same conduct.

DNA exception (Penal Code § 803). For certain sex crimes, prosecutors can file charges within one year after DNA evidence conclusively identifies a suspect, even if the original limitations period has expired, as long as specific corroboration requirements are met.

Crimes With No Statute of Limitations: SB 813 and Recent Updates

This is one of the biggest areas of change since the original 2018 version of this article. Senate Bill 813, which took effect on January 1, 2017, eliminated the statute of limitations for many serious felony sex offenses, including:

• Forcible rape (Penal Code § 261)
• Rape in concert (Penal Code § 264.1)
• Sodomy by force (Penal Code § 286)
• Forcible oral copulation (Penal Code § 287)
• Lewd or lascivious acts with a child (Penal Code § 288)
• Continuous sexual abuse of a child (Penal Code § 288.5)
• Forcible penetration with a foreign object (Penal Code § 289)

Importantly, SB 813 only applies to offenses committed on or after January 1, 2017, or to offenses where the prior statute of limitations had not yet expired as of that date. Older cases are governed by the law in effect at the time, because the U.S. Supreme Court ruled in Stogner v. California (2003) that reviving an already-expired statute of limitations is unconstitutional.

Assembly Bill 2295, which took effect January 1, 2025, further expanded the no-SOL framework for many of these same offenses committed on or after that date. The trend in California is clear: serious sex offenses are increasingly being treated as crimes that can be prosecuted at any time.

For offenses involving minor victims that don’t fall under SB 813’s no-limit rule, Penal Code § 801.1(a) allows prosecution any time before the victim’s 40th birthday.

Your Right to a Speedy Trial

The statute of limitations governs how long the state has to file charges. A separate set of rules, your right to a speedy trial, governs how quickly the case must move once charges are filed.

The Sixth Amendment of the U.S. Constitution and Article I, Section 15 of the California Constitution both guarantee defendants a right to a speedy trial. Under Penal Code § 1382, California translates that into specific deadlines:

• Misdemeanors: trial must begin within 30 days of arraignment if you’re in custody, or within 45 days if you’re out of custody.
• Felonies: trial must begin within 60 days of arraignment.

These deadlines can be extended if you waive your speedy trial rights, which is common when the defense needs more time to investigate, file motions, or negotiate. Your first court date is the arraignment, and that’s typically when the speedy trial clock starts. If you want a deeper look at the timeline from arrest through trial, see our guide on the right to a speedy trial.

If the state violates your speedy trial rights, the remedy is dismissal.

What Happens If Charges Are Filed Too Late?

If you believe charges were filed after the statute of limitations expired, your defense attorney can file a motion to dismiss. Before trial, the defense bears the burden of showing as a matter of law that the prosecution is time-barred. At trial, if the issue is raised, the prosecution must prove by a preponderance of the evidence that the case was filed within the limitations period.

The motion is often brought as a demurrer at or shortly after arraignment. Winning it ends the case entirely.

Frequently Asked Questions

What is the statute of limitations for a felony in California?

For most felonies, California’s statute of limitations is three years under Penal Code § 801. For serious felonies punishable by eight or more years in state prison (such as arson or first-degree robbery), the limitations period is six years under Penal Code § 800. Some felonies, including murder, kidnapping for ransom, and many serious sex crimes, have no statute of limitations at all.

What is the statute of limitations for a misdemeanor in California?

Most California misdemeanors carry a one-year statute of limitations under Penal Code § 802(a). This includes DUI, petty theft, simple drug possession, and most other common misdemeanor charges. A few misdemeanors have longer limitations periods, such as misdemeanor annoying or molesting a child under 14 (three years).

Is there a statute of limitations on murder in California?

No. Murder and any offense punishable by death or life in prison without the possibility of parole have no statute of limitations under Penal Code § 799. Charges can be filed at any time, regardless of how many years have passed since the alleged crime.

Can old sex crime charges be filed today in California?

It depends on when the alleged offense occurred and what the law was at the time. For offenses committed on or after January 1, 2017, Senate Bill 813 removed the statute of limitations for most serious felony sex crimes. For older offenses, the law in effect at the time of the alleged conduct usually controls, because the U.S. Constitution prohibits reviving an already-expired statute of limitations.

Does the statute of limitations pause if I leave California?

Yes, in many cases. Under Penal Code § 803(d), the limitations period can be tolled for up to three years if you leave the state to avoid prosecution. The clock pauses during your absence and resumes when you return.

What’s the difference between the statute of limitations and the right to a speedy trial?

The statute of limitations sets the deadline for the state to file charges in the first place. The right to a speedy trial sets the deadline for the state to bring you to trial after charges are filed. Both can be grounds to dismiss a case if violated, but they apply at different stages of the process.

What should I do if I think charges against me are time-barred?

Contact a criminal defense attorney immediately. If the statute of limitations has expired, your lawyer can file a motion to dismiss, often as a demurrer at or shortly after arraignment. Winning that motion ends the case entirely. Don’t try to raise this argument on your own. The rules involve fact-specific tolling and discovery questions that need legal analysis.

Talk to a Los Angeles Criminal Defense Attorney Today

California’s statute of limitations rules are detailed, and the exceptions matter as much as the headline numbers. If you’ve been contacted by law enforcement about an old incident, charged with a crime that allegedly happened years ago, or you simply want to know where you stand, the criminal defense attorneys at Manshoory Law Group can review your situation and tell you exactly what timeline applies.

Our team focuses exclusively on criminal defense, and we handle cases throughout Los Angeles, Orange County, and Southern California. Consultations are free, and flexible payment plans are available.

Call 877-977-7750 today or contact us online to speak with an attorney 24/7.

What Are Your Rights When You Get Arrested?

Being arrested is one of the most stressful things that can happen to a person. The good news is that you have substantial constitutional protections from the moment police make contact with you, all the way through arraignment and trial. The bad news is that most people don’t know exactly what those rights are, when they apply, and how to invoke them. That gap is where cases are won and lost.

This guide breaks down your rights when you get arrested in California: what police can and cannot do, what Miranda actually requires, what to say (and what not to say), and what to do if you believe your rights were violated.

If you’ve already been arrested or you think charges may be coming, talk to a Los Angeles criminal defense attorney before you say anything else to law enforcement.

Can Police Arrest You for No Reason?

No. Under the Fourth Amendment of the U.S. Constitution and Article I, Section 13 of the California Constitution, police generally need one of two things to arrest you:

1. An arrest warrant signed by a judge, supported by probable cause; or
2. Probable cause without a warrant, meaning specific facts and circumstances that would lead a reasonable officer to believe you committed a crime.

Probable cause is more than a hunch and more than reasonable suspicion (the lower standard used for brief investigative stops). If an officer arrests you without probable cause and without a warrant, your defense attorney can challenge the arrest, which can lead to evidence being suppressed and, in some cases, charges being dismissed.

Detention vs. Arrest: A Critical Distinction

Not every police encounter is an arrest. California recognizes three levels of contact, and your rights work differently at each level:

Consensual encounter. An officer approaches you and asks questions. You’re free to leave and free not to answer. If you’re not sure which type of encounter you’re in, you can ask, “Officer, am I free to leave?” If the answer is yes, you can walk away.

Detention. An officer has reasonable suspicion that you may be involved in criminal activity and briefly stops you to investigate. You’re not free to leave, but you’re not under arrest. Common examples include traffic stops and stop-and-frisk situations. You generally must identify yourself if asked, but you’re not required to answer investigative questions.

Arrest. Police have probable cause to believe you committed a crime. You’re taken into custody, your freedom is significantly restricted, and you’re transported to a station or jail.

The distinction matters because Miranda warnings, search rules, and your right to counsel apply differently at each stage.

Your Right to Remain Silent

This is the single most important right you have when interacting with police, and it applies at every stage, not just after arrest. You cannot be forced to answer questions that might incriminate you, and your silence cannot be used against you at trial.

However, there’s a catch from the 2010 Supreme Court case Berghuis v. Thompkins: you must affirmatively invoke the right. Just staying quiet isn’t enough. To clearly invoke it, say something like:

• “I am invoking my right to remain silent.”
• “I want to speak to a lawyer.”
• “I do not want to answer any questions without my attorney present.”

Once you clearly invoke either right, police must stop questioning you. Anything they continue to ask, and anything you continue to volunteer, can create problems later.

For more on when and how the right applies during police encounters that haven’t risen to a formal arrest, see our guide on police questioning you when you’re not under arrest.

Miranda Rights: What They Actually Require

One of the biggest myths about arrest is that police must read you your Miranda rights the moment they put handcuffs on you, and if they don’t, your case has to be dismissed. Neither is true.

The Miranda warning, established in Miranda v. Arizona (1966), is required only when both of the following are true:

1. You are in custody (under arrest or otherwise not free to leave); and
2. Police are about to begin interrogation (questioning designed to elicit incriminating answers).

If you’re in custody but police don’t question you, no Miranda warning is required. If police question you before arrest (during a traffic stop, for example), no Miranda warning is required because you’re not in custody yet. This is exactly why officers sometimes delay an arrest or hold off on formal questioning, to get answers without triggering Miranda.

The actual warning sounds something like this:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?”

Watch the Video to learn more.

What happens if police don’t read you your rights? Your case doesn’t automatically get dismissed. Instead, your attorney can file a motion to suppress any statements you made during the unwarned custodial interrogation. If those statements were a major part of the prosecution’s case, the suppression can be devastating to their case and sometimes leads to dismissal. But the arrest itself remains valid, and other evidence (physical evidence, witness testimony, surveillance video) is unaffected.

For a deeper look at how this works, see our full guide to Miranda rights and when police must read them.

Important 2022 update: In Vega v. Tekoh, the Supreme Court clarified that a Miranda violation does not give you a civil cause of action against the officer. The remedy is exclusion of the statements at your criminal trial, not a separate lawsuit.

Exceptions to the Miranda Requirement

There are a few situations where police can ask questions in custody without a Miranda warning, and your answers can still be used against you:

• Public safety exception. If there’s an immediate threat to public safety (for example, asking where a loaded gun is hidden), police can ask questions to neutralize the threat before reading Miranda.
• Routine booking questions. Standard identifying questions like name, address, date of birth, and similar pedigree information generally don’t require a warning.
• Spontaneous statements. If you volunteer information without being asked, those statements can be used even without a Miranda warning.

The lesson: stay quiet until you have a lawyer. Spontaneous comments after an arrest, even ones you think are helping you, often hurt your case.

Your Right to an Attorney

You have the right to an attorney at every critical stage of a criminal case, including before and during any custodial interrogation. If you cannot afford one, the court will appoint a public defender after you formally request counsel and qualify financially.

To invoke this right, you must be clear. Saying “maybe I should talk to a lawyer” or “should I get a lawyer?” has been held by courts to be ambiguous and not enough to stop questioning. Say instead:

• “I want a lawyer.”
• “I am not answering any more questions until my attorney is here.”

Once you clearly request counsel, police must stop questioning you and cannot resume until your attorney is present.

Your Right Against Unreasonable Search and Seizure

The Fourth Amendment also protects you from unreasonable searches of your person, home, car, and belongings. After an arrest, police can perform a limited search of your person and the area within your immediate reach, but anything beyond that generally requires a warrant or a recognized exception (consent, plain view, exigent circumstances, automobile exception, etc.).

If you consent to a search, you waive your Fourth Amendment protection for whatever you allowed them to look at. You are not required to consent. You can politely say, “I do not consent to a search,” and the officer must rely on whatever other legal authority they have. For a detailed breakdown of when officers can and can’t search, see our overview of California search and seizure laws.

What You Should Actually Do If You’re Arrested

Here’s a practical checklist that protects your rights without escalating the situation:

1. Stay calm and don’t resist physically. Even if the arrest is unlawful, resisting can create new charges. Sort out the legality later, in court.
2. Don’t argue or explain. Officers are not the audience that matters. The judge and jury are.
3. Clearly invoke your rights. “I am invoking my right to remain silent. I want a lawyer.”
4. Don’t consent to searches. Verbally decline. Don’t physically interfere.
5. Remember details. Officer names, badge numbers, patrol car numbers, the time, the location, what was said, and what was done. Write it all down as soon as you can.
6. Photograph any injuries. As soon as possible. Get medical attention so a third party documents them.
7. Don’t post about it on social media. Anything you write can be used against you.
8. Call a criminal defense attorney immediately. Not after the arraignment, not after you’ve talked to police, immediately.

What If Your Rights Were Violated?

If you believe police violated your rights during the arrest, search, or interrogation, your defense attorney has several tools:

• Motion to suppress evidence under Penal Code § 1538.5 to exclude evidence from an unlawful search.
• Motion to suppress statements to exclude any custodial interrogation that violated Miranda or your right to counsel.
• Motion to dismiss if the violation was severe enough to compromise the case.

In rare situations involving serious misconduct, you may also have a civil claim under 42 U.S.C. § 1983 against the officers or department, but that’s separate from your criminal case and requires its own legal analysis.

Frequently Asked Questions

Can the police arrest me without a warrant in California?

Yes, if they have probable cause to believe you committed a crime. Probable cause means specific facts that would lead a reasonable officer to believe a crime occurred and you committed it. Without a warrant or probable cause, the arrest can be challenged in court.

Do police have to read me my Miranda rights when they arrest me?

No. Police only have to read Miranda rights before a custodial interrogation, meaning when you’re in custody and they’re about to ask questions designed to get incriminating answers. They can arrest you, transport you, and book you without ever reading Miranda, as long as they don’t question you.

What happens if police don’t read me my rights?

Your case is not automatically dismissed. Instead, your attorney can move to suppress any statements you made during a custodial interrogation that should have been preceded by a Miranda warning. Other evidence in the case is unaffected.

Do I have to answer police questions if I’m not under arrest?

In most cases, no. During a consensual encounter, you can decline to answer and walk away. During a detention (like a traffic stop), you generally must identify yourself but don’t have to answer investigative questions. You always have the right to remain silent, but to be safe, invoke it clearly.

Can the police search me after they arrest me?

Yes, but only within limits. After a lawful arrest, police can search your person and the area within your immediate reach without a warrant. Searches of your home, car, or belongings beyond that area generally require a warrant or a recognized exception.

Can I refuse a search?

Yes. You have the right to refuse consent to a search. Say clearly, “I do not consent to a search.” If police search anyway, they must rely on probable cause, a warrant, or another legal exception. Refusing consent does not give them probable cause.

What’s the difference between being detained and being arrested?

A detention is a brief investigative stop based on reasonable suspicion. You’re not free to leave, but you’re not in custody for Miranda purposes. An arrest requires probable cause, significantly restricts your freedom, and triggers full constitutional protections, including the right to counsel and Miranda warnings before any interrogation.

When should I call a criminal defense attorney?

Immediately, before answering any questions. Even if you think the situation is a misunderstanding, calling a lawyer first costs nothing and can prevent statements or decisions that hurt your case later.

Talk to a Los Angeles Criminal Defense Attorney Today

If you or a loved one has been arrested in Los Angeles, Orange County, or anywhere in Southern California, the criminal defense attorneys at Manshoory Law Group can help you protect your rights from the very first moment. Our team focuses exclusively on criminal defense, and we know how to challenge unlawful arrests, suppress improperly obtained evidence, and push back when police cross the line.

Consultations are free, and we’re available 24/7. Flexible payment plans are available.

Call 877-977-7750 today or contact us online to speak with an attorney.

Theft Charges in Orange: What You Need to Know Before

A theft charge does not begin and end at the moment of arrest. Theft charges in Orange follow a specific local process, from the arresting officer’s report to the Orange County District Attorney’s desk to a courtroom at the North Justice Center, and each stage holds decisions that shape what is still possible. Understanding that process before your first court date is critical.

How Theft Arrests Are Handled in the City of Orange

The Orange Police Department theft arrest process begins one of two ways: a citation issued at the scene or a full booking at the department’s East Chapman Avenue facility. For misdemeanor offenses, law enforcement often issues a citation and releases the person. Felony arrests typically lead to a full booking process, including fingerprinting and a hold until bail is set.

After booking, the arrest report goes to the Orange County District Attorney for review. The DA decides whether to file charges and at what level, based on the dollar amount, the strength of the evidence, and prior convictions.

If you were cited and released, do not interpret that as the case being closed. The DA can still file charges weeks later. Building a strong theft crimes defense often begins well before a court date appears on the calendar.

Where Orange Theft Cases Go: North Justice Center

Orange City theft cases are prosecuted at the North Justice Center in Fullerton, located at 1275 N. Berkeley Ave., Fullerton, CA 92832. This courthouse handles criminal matters for North Orange County, including cases originating from an Orange Police Department theft arrest.

Your first appearance is the arraignment, where formal charges are entered and you enter a plea. Most defendants plead not guilty at that stage. What matters more than the plea is what your attorney has already done before you walk in.

A North Justice Center theft case Orange CA attorney who appears regularly at this courthouse knows the assigned prosecutors and how they approach plea negotiations. The North Justice Center theft case Orange CA process moves quickly once charges are filed. Delaying legal representation can limit the time available to prepare a defense. 

Petty Theft vs. Grand Theft: What the Difference Means for You

The dividing line between petty and grand theft under California law is $950. Below that threshold, the offense is charged as petty theft under Penal Code 488, typically a misdemeanor. Above it, the Orange County District Attorney can pursue grand theft under Penal Code 487.

Grand theft is a wobbler, giving prosecutors discretion to file as either a misdemeanor or a felony based on the facts and the defendant’s record. A felony conviction means potential state prison time and a permanent entry on your criminal record that can affect employment, professional licensing, and housing long after the sentence ends.

Penal Code 484 defines the underlying theft offense under California law.

Which statute applies to your case shapes the entire defense approach. Petty Theft Defense in California and Grand Theft Defense in California involve different legal standards, different penalties, and different paths to resolution.

Penalties for Theft Charges in Orange, California

Misdemeanor petty theft charges in Orange California carry up to six months in county jail and fines up to $1,000. That is the floor, not the ceiling. Prior convictions can convert what would otherwise be a misdemeanor theft into a felony under California’s prior theft enhancement statutes.

Felony grand theft charges carry 16 months, two years, or three years in state prison depending on circumstances and criminal history. Courts also order restitution in most theft convictions, often adding thousands of dollars beyond any fine or custodial sentence.

Those downstream effects often matter more than the sentence itself: professional license reviews, immigration exposure for non-citizens, and a permanent entry on your criminal record. A conviction is not just the sentence handed down that day. Robbery vs. Theft in California explains a related distinction that affects both charges and penalties in more serious cases.

Can Your Theft Charge in Orange Be Reduced or Dismissed?

Theft charges in Orange can often be resolved short of a conviction. The path depends on the facts of the case.

A diversion program may be available for first-time offenders charged with shoplifting or low-level misdemeanor theft. Completing it results in dismissal. A plea bargain to a reduced charge is another option the Orange County District Attorney may accept when evidence has weaknesses or the defendant’s history supports leniency.

Orange County theft defense Orange City cases are best handled by an attorney who knows which prosecutors staff the North Justice Center and what arguments have worked in comparable cases. Theft defense Orange CA is not only about knowing the law. It is about knowing the local system. Larceny vs. Theft covers distinctions in how theft offenses are classified, details that matter when negotiating charge reductions.

What to Do Before Your First Court Date in Orange

Retain an Orange CA criminal defense attorney before the arraignment, not after. The window between arrest and your first appearance is when the most important groundwork is laid: reviewing arrest records, identifying evidentiary weaknesses, and beginning conversations with the prosecution before positions are set.

Write down everything you remember: where you were, what was said, who was present, and what the officer told you. Details fade. Your attorney needs them intact.

Manshoory Law Group handles theft defense Orange CA cases throughout the county, including the City of Orange. Attorneys appear regularly at the North Justice Center and cover the full range of matters, from misdemeanor petty theft to felony charges. Orange County theft defense Orange City clients can call (877) 977-7750 for a free case analysis. Available 24/7.

A theft charge in Orange does not automatically become a conviction. The local process, from arrest to arraignment at the North Justice Center, has specific points where a prepared defense changes the outcome. The earlier you act, the more options stay open.

What Happens at an Arraignment in California? (2026 Guide)

An arraignment is your first formal court appearance after an arrest in California, and it sets the tone for everything that follows in your case. If you’ve been charged with a crime and don’t know what to expect, the Los Angeles criminal defense attorneys at Manshoory Law Group can walk you through the process and protect your rights from day one.

Below, we break down what an arraignment is, when it happens, what pleas you can enter, how bail is decided after the In re Humphrey decision, and why having a lawyer at this stage matters more than most defendants realize.

What Is an Arraignment in California?

An arraignment is the hearing where a judge formally tells you what crime you’re being charged with and asks how you want to plead. It is the official starting line of the criminal court process. At this hearing, three things happen:

1. The judge reads the charges filed by the District Attorney or City Attorney (most defendants and their lawyers waive the formal reading).
2. You’re advised of your constitutional rights, including the right to an attorney, the right to a jury trial, the right to confront witnesses, and the right against self-incrimination.
3. You enter a plea, either guilty, not guilty, or no contest (nolo contendere).

The judge will also address bail, protective orders, and the schedule for future hearings, including a preliminary hearing if you’re facing felony charges.

The 48-Hour Rule: How Soon Must an Arraignment Happen?

Under California Penal Code § 825, anyone held in custody after an arrest must be brought before a judge within 48 hours, excluding Sundays and court holidays. If you were arrested on a Wednesday after court closed and Wednesday isn’t a holiday, you must be arraigned by that Friday. Saturdays are treated as court holidays for this calculation.

This deadline exists to protect you. The longer the state can hold you without charges, the more time investigators have to build a case while you sit in jail. Unnecessary delay can be grounds to challenge statements you made in custody and, in rare cases, to seek dismissal.

If you posted bail or were released on a citation before charges were filed, you are out of custody and the 48-hour rule does not apply to you. In that situation, your arraignment is typically scheduled 10 days to several weeks after the arrest, depending on the county and the charge.

What Pleas Can You Enter?

At a California arraignment, you have four main options:

• Not guilty: the standard plea, and almost always the right call at this stage. It preserves every right you have and gives your attorney time to review discovery, interview witnesses, and negotiate.
• Guilty: an admission of the charges. The judge can sentence you on the spot in misdemeanor cases.
• No contest (nolo contendere): accepts the consequences without formally admitting guilt. Useful when a civil lawsuit might follow (for example, after a DUI involving injury), because a no-contest plea to a misdemeanor cannot be used as an admission in a related civil case.
• Not guilty by reason of insanity: rarely used and requires specific procedures.

If you stay silent or refuse to plead, the judge will enter a not guilty plea on your behalf.

Bail After the Humphrey Decision

This is one of the biggest changes to California arraignments in recent years. Before 2021, judges typically set bail using a fixed county bail schedule, which often left people stuck in jail simply because they couldn’t afford to pay.

In In re Humphrey (2021), the California Supreme Court ruled that a judge must consider a defendant’s ability to pay before setting cash bail. Detaining someone solely because they can’t afford bail violates due process and equal protection. The court must also consider non-monetary alternatives, such as release on your own recognizance (OR), supervision, or electronic monitoring, and can only order detention without bail when there is clear and convincing evidence that no other condition will protect public safety or guarantee your appearance.

In practice, this means your attorney can argue for a reduced bail amount or OR release at the arraignment based on:

• Your financial situation
• Your ties to the community, family, and employment
• Your criminal history (or lack of one)
• The nature of the charges and any victim-safety concerns
• Whether less restrictive conditions would accomplish the same goal

If your bail was set high before the arraignment, this is also the first real opportunity to ask the court to have it lowered. To learn more about California’s bail system and how amounts are set, see our guide on how the bail system works in California and our breakdown of when and how to get your bail amount reduced.

Felony vs. Misdemeanor Arraignments

The arraignment process differs depending on the charge level.

For misdemeanors, the hearing is usually brief. Under Penal Code § 977, your attorney can appear on your behalf for most misdemeanors, so you don’t have to take time off work or arrange childcare. The main exceptions where you must appear personally are domestic violence cases, DUIs (especially DUI with injury), and violations of certain protective orders.

For felonies, you must appear in person unless you sign a written waiver the court accepts. After you enter a not-guilty plea, the court schedules a preliminary hearing, which under Penal Code § 859b must occur within 10 court days unless you waive that timeline. At the preliminary hearing, the prosecution has to show probable cause to send the case forward. If the case is held to answer, you’ll be arraigned a second time in the trial court on the formal charging document.

What Happens If You Miss Your Arraignment?

Failing to appear is a serious problem. The judge will almost always issue a bench warrant for your arrest, and you can face new charges for bail jumping (failure to appear) under Penal Code §§ 1320 and 1320.5, separate charges on top of the original case. If you missed an arraignment, contact a defense attorney immediately. In many cases a lawyer can walk you back in voluntarily and ask the court to recall the warrant before you’re picked up.

Why You Need a Defense Attorney at Your Arraignment

A lot of defendants assume arraignment is just a formality. It isn’t. The decisions made in this short hearing affect bail, custody status, protective orders, and your ability to prepare a defense for everything that follows. An experienced criminal defense lawyer can:

• Argue for OR release or reduced bail under Humphrey
• Push back on overly broad protective orders
• Identify defects in the complaint that may justify a demurrer or dismissal
• Begin plea discussions early when that helps your case
• Make sure you don’t say anything in open court that could be used against you later

Mistakes at arraignment are difficult to undo. Having counsel from the start is the most reliable way to protect your record, your freedom, and your future.

Frequently Asked Questions About California Arraignments

How long after arrest does an arraignment happen in California?

If you’re held in custody, your arraignment must take place within 48 hours of your arrest, excluding Sundays and court holidays, under California Penal Code § 825. If you posted bail or were released on a citation, the arraignment is typically scheduled 10 days to a few weeks later, depending on the court and the charge.

Can I go to jail at my arraignment?

Yes, it’s possible. You can be taken into custody at arraignment if the judge sets bail you can’t afford, denies bail entirely, finds you a flight risk, discovers an outstanding warrant or probation violation, or if you plead guilty to a charge that carries mandatory jail time. Most defendants in misdemeanor cases, especially first offenses, leave the same day, but felony cases carry significantly higher risk.

Should I plead guilty or not guilty at my arraignment?

In almost every case, the answer is not guilty. A not-guilty plea preserves all of your rights, gives your attorney time to review the evidence, and keeps every option open, including a later plea deal on better terms. Pleading guilty at the arraignment locks you in before you or your lawyer has seen the prosecution’s full case. You can always change your plea later if a favorable resolution is reached.

Do I have to appear in person at my arraignment in California?

It depends on the charge. For most misdemeanors, your attorney can appear on your behalf under Penal Code § 977, meaning you don’t have to miss work or arrange childcare. The main exceptions where you must personally appear are domestic violence cases, DUI cases (especially DUI with injury), and violations of certain protective orders. For felonies, you generally must appear in person unless you sign a written waiver the court accepts.

What happens after the arraignment?

For misdemeanors, the case moves into pretrial hearings where your attorney and the prosecutor exchange discovery and discuss potential resolutions. If no deal is reached, the case is set for trial. For felonies, the next step is a preliminary hearing within 10 court days under Penal Code § 859b, where the prosecution must show probable cause. If the case moves forward, you’ll be arraigned a second time in the trial court on the formal charging document, and the pretrial process continues from there.

What if I miss my arraignment?

The judge will issue a bench warrant for your arrest, and you can be charged separately with failure to appear under Penal Code §§ 1320 or 1320.5, on top of your original charges. If you’ve missed an arraignment, contact a criminal defense attorney immediately. In many cases, a lawyer can bring you back in voluntarily and ask the court to recall the warrant before law enforcement picks you up.

Talk to a Los Angeles Criminal Defense Attorney Today

If you or a loved one has been arrested and is facing an arraignment in Los Angeles, Orange County, or anywhere in Southern California, the criminal defense lawyers at Manshoory Law Group are available 24/7. Our team focuses exclusively on criminal defense, and we appear in arraignment courts across the region every week.

Consultations are always free, and flexible payment plans are available. Call 877-977-7750 today or contact us online to discuss your case.

What to Do If You Are Charged With Prescription Drug Possession in California

Being caught with prescription medications you don’t have a valid prescription for is one of the most common drug charges filed in California. Vicodin, oxycodone, Xanax, codeine, Adderall, fentanyl patches, and dozens of other controlled medications fall under California Health & Safety Code § 11350, which makes it illegal to possess these substances without a valid prescription from a licensed doctor or dentist.

Most people charged under HS § 11350 face a misdemeanor, not a felony, thanks to Proposition 47. But that doesn’t mean a conviction is harmless. You can still face up to a year in county jail, a $1,000 fine, drug testing, probation conditions, and a permanent criminal record that affects employment, housing, professional licensing, and immigration status. And as of late 2024, a new law called Proposition 36 has changed the rules for people with prior drug convictions, who can now face a “treatment-mandated felony” instead of a misdemeanor.

The good news is that California offers several diversion programs that let many defendants avoid jail and ultimately get their charges dismissed. The right strategy depends on the specific facts of your case, your record, and how the case is charged.

If you’ve been arrested for prescription drug possession in Southern California, talk to the Los Angeles drug crime attorneys at Manshoory Law Group before your first court date.

What HS § 11350 Actually Prohibits

California Health & Safety Code § 11350 makes it a crime to possess specified controlled substances without a valid prescription. The statute covers drugs in Schedules I, II, III, IV, and V of the state and federal controlled substance schedules, including:

• Opioid painkillers (oxycodone, hydrocodone, codeine, fentanyl, morphine)
• Benzodiazepines (Xanax, Valium, Klonopin, Ativan)
• Stimulants (Adderall, Ritalin, Vyvanse)
• Sleep medications (Ambien, certain barbiturates)
• Some street drugs (heroin, cocaine, LSD, peyote)

Methamphetamine and certain other stimulants fall under a separate statute (HS § 11377), but the penalties are largely parallel.

To convict you under California Health & Safety Code § 11350, the prosecution must prove all of the following beyond a reasonable doubt:

1. You possessed a controlled substance. Possession can be actual (on your person) or constructive (in a place you controlled, like your car or apartment).
2. You knew of its presence. If someone left pills in your car without your knowledge, you weren’t in unlawful possession.
3. You knew it was a controlled substance. You don’t have to know the exact drug, but you must have known it was a regulated substance.
4. You possessed a usable amount. Trace residue or unrecognizable particles aren’t enough.
5. You did not have a valid prescription. Possessing your own properly prescribed medication is a complete defense.

Each of these elements is a potential defense if the prosecution can’t prove it. A good defense attorney scrutinizes each one.

Penalties Under California Law

Misdemeanor (most cases under Prop 47):

• Up to 1 year in county jail
• Up to $1,000 fine
• Summary (informal) probation
• Mandatory drug counseling or education
• Possible driver’s license consequences in some cases

Felony (limited circumstances):

• 16 months, 2 years, or 3 years in county jail
• Up to $10,000 in fines
• Formal probation conditions
• Permanent felony record

Possession is generally charged as a felony only if:

• You have a prior conviction for a “super strike” offense (such as murder, certain sex crimes, or specific violent felonies)
• You’re required to register as a sex offender under Penal Code § 290
• The charge is bundled with possession for sale (HS § 11351) or transportation (HS § 11352), which remain felonies

How Proposition 36 Changed the Rules in 2024

This is the most important recent change to California drug law. On November 5, 2024, California voters passed Proposition 36, which took effect on December 18, 2024. It partially rolled back some of Proposition 47’s reforms.

Under Prop 36, prosecutors can now charge a person with a “treatment-mandated felony” for drug possession if:

1. The substance possessed is fentanyl, heroin, cocaine, methamphetamine, or another specified drug; and
2. The defendant has two or more prior convictions for certain drug crimes.

A person charged with a treatment-mandated felony can plead guilty or no contest and enter a court-approved treatment program. If they complete the program, the charge is dismissed. If they fail to complete it, they can be sentenced to up to 3 years in state prison.

Prop 36 also requires courts to warn anyone convicted of selling or providing certain drugs (especially fentanyl) that they could be charged with murder if a future buyer dies from those drugs.

What this means for prescription drug cases: If your case involves a substance covered by Prop 36 (such as fentanyl tablets or patches), and you have two or more prior drug convictions, the misdemeanor framework under Prop 47 may no longer apply. Early intervention by a defense attorney is more important than ever.

Diversion Programs: Your Best Path to No Jail

For most first-time and non-violent defendants, the goal is not to win at trial; it’s to get into a diversion program that ends with the charges dismissed. California has three primary diversion pathways for drug possession cases.

Penal Code § 1000 (Pretrial Diversion for First-Time Drug Offenders)

This is the most commonly used diversion program. Under PC § 1000, eligible defendants can have their case paused while they complete a drug treatment or education program. Critically, you do not have to plead guilty to enter PC § 1000 diversion. If you complete the program, the case is dismissed and the arrest is treated as if it never occurred. If you fail, the case proceeds.

To qualify, generally:

• No prior felony convictions in the last 5 years
• No prior drug convictions (with certain exceptions)
• No allegation of violence in the current case
• No simultaneous charges related to drug sales or trafficking

Penal Code § 1001.36 (Mental Health Diversion)

For defendants whose offense was connected to a diagnosed mental health condition (including substance use disorder in some cases). This program lasts up to 2 years and can lead to dismissal upon completion. It’s particularly useful when the underlying issue is mental health rather than criminal intent.

Penal Code § 1001.80 (Military Diversion)

For current or former U.S. military service members suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of military service. This program can resolve both misdemeanor charges (including HS § 11350) and certain DUI cases. Successful completion results in dismissal.

Note: The original version of this article referenced “PC 1001.81” for military diversion. The correct citation is PC § 1001.80 for misdemeanor cases involving military service members.

Defenses Beyond Diversion

Diversion is not the only path. A skilled defense lawyer evaluates every angle, including:

You had a valid prescription. Possessing your own properly prescribed medication is a complete defense. The prosecution must prove the absence of a valid prescription beyond a reasonable doubt.

You didn’t know the drugs were there. Constructive possession requires knowledge. If pills were in a shared car, a borrowed jacket, or a friend’s bag, the prosecution may not be able to prove you knew about them.

You didn’t know it was a controlled substance. If you genuinely believed something was an over-the-counter supplement or a different medication, that defense can apply.

The amount wasn’t usable. Trace residue alone is not enough to convict.

The search was unlawful. This is the single most powerful defense in many drug cases. If police searched you, your car, or your home without a warrant, valid consent, or a recognized exception, the evidence can be suppressed under Penal Code § 1538.5. With the evidence excluded, the prosecution often cannot proceed. The same applies if police searched your phone unlawfully, see our guide on what to do if police search your phone.

Entrapment. Rare but real. If officers induced you to commit a crime you wouldn’t otherwise have committed, the case can be dismissed.

Collateral Consequences (Why Even a Misdemeanor Matters)

A misdemeanor drug conviction is much better than a felony, but it’s not nothing. Consequences can include:

• Employment. Background checks routinely show drug convictions. Some industries (healthcare, finance, education, transportation, government) treat drug convictions especially harshly.
• Professional licenses. Nurses, doctors, pharmacists, teachers, lawyers, real estate agents, and many others can lose or be denied licenses.
• Immigration. Controlled substance convictions, even misdemeanors, are among the most serious immigration consequences under federal law. They can trigger deportation, inadmissibility, or denial of naturalization. Non-citizens should consult both a criminal and an immigration attorney before resolving any drug case.
• Housing. Landlords often deny applicants with recent drug convictions. Public housing has specific exclusions.
• Student aid. Some federal financial aid programs are affected by drug convictions.
• Firearms. A felony conviction is a lifetime federal firearms ban. Some misdemeanor convictions also create restrictions.

For these reasons, getting the case dismissed through diversion, or never having to plead guilty in the first place, is almost always worth fighting for.

Frequently Asked Questions

Is possession of prescription drugs without a prescription a felony in California?

Generally no. Since the passage of Proposition 47 in 2014, simple possession under HS § 11350 is a misdemeanor for most defendants, punishable by up to a year in county jail and a $1,000 fine. It becomes a felony only in limited circumstances, such as when the defendant has a prior “super strike” conviction, must register as a sex offender, or, under Proposition 36 (effective December 2024), has two or more prior drug convictions involving certain specified drugs.

Can I go to jail for having one Xanax pill without a prescription?

It’s possible, but unlikely if you’re a first-time offender and qualify for diversion. Under Penal Code § 1000, most first-time defendants can enter a treatment or education program in lieu of jail and have the case dismissed upon completion. The pill must be a “usable amount,” and the prosecution must prove you knew you possessed it and that it was a controlled substance.

What is a “treatment-mandated felony” under Prop 36?

Proposition 36, passed in November 2024, created this new charge for people who possess certain drugs (fentanyl, heroin, cocaine, methamphetamine) and have two or more prior drug convictions. Defendants can enter mandated treatment; if they complete it, charges are dismissed. If they fail, they face up to 3 years in state prison.

How do I qualify for PC 1000 diversion?

Generally, you must have no prior drug convictions, no felony convictions in the last 5 years, no allegation of violence in the current case, and no related charges for sales or trafficking. Eligibility decisions are case-specific; your attorney can evaluate whether you qualify.

What if I had a valid prescription but didn’t have it with me?

Having a valid prescription is a complete defense, even if you didn’t have the bottle on you at the moment of arrest. Your attorney can submit proof of the prescription to the prosecutor pre-filing or to the court, which often results in the charges being dropped or never filed in the first place.

Can I get my charges dismissed if I complete a drug program?

Yes, if you’re admitted to a qualifying diversion program (PC § 1000, PC § 1001.36, or PC § 1001.80). Successful completion typically results in dismissal of the charges, and many programs also allow the arrest record to be sealed.

Talk to a Los Angeles Drug Crime Attorney Today

A prescription drug possession charge in California is serious, but it’s also one of the most defensible drug cases in the system. The right strategy, whether that’s pre-filing intervention, a motion to suppress, diversion, or trial, depends on the facts, your record, and how the case is charged. The wrong response, like pleading guilty without exploring your options or talking to police without a lawyer, can lock in consequences that follow you for years.

The criminal defense attorneys at Manshoory Law Group focus exclusively on criminal defense, including California drug cases at every level. We know how local prosecutors charge these cases, how diversion programs work in each Southern California courthouse, and where the prosecution’s case tends to be weakest.

Consultations are free, and we’re available 24/7. Flexible payment plans are available.

Call 877-977-7750 today or contact us online to speak with an attorney.

Arrested for Theft in Santa Ana? A Local Guide to the Criminal Process

Theft charges in Santa Ana move quickly through the criminal justice system. From the moment of arrest, a defined local process begins involving the Santa Ana Police Department, Orange County prosecutors, and the Central Justice Center, where most criminal cases are ultimately heard. What you are charged with, along with your prior criminal history, can significantly influence how your case proceeds and how quickly it advances.

Understanding how theft charges in Santa Ana develop from arrest to resolution is an important first step in protecting your rights. Each stage of the process, from booking and charging decisions to arraignment and potential plea negotiations, can affect the outcome of your case and the options available for your defense.

How Theft Arrests Are Processed in Santa Ana

A Santa Ana Police Department theft arrest typically begins with booking at the Orange County Central Jail. You will be fingerprinted, photographed, and held until bail is posted or you are released. For misdemeanor theft, that process often resolves within hours. Felony charges extend the timeline considerably.

After booking, the charging decision is made. The Santa Ana City Attorney handles misdemeanor theft prosecutions. The Orange County District Attorney takes over when felony charges are filed. That distinction shapes everything downstream: the negotiation dynamic, the sentencing exposure, and the options available when you reach arraignment.

This is when theft crimes defense becomes an immediate priority, not a future consideration.

Where Santa Ana Theft Cases Are Heard: Central Justice Center

Orange County theft charges Santa Ana defendants face are adjudicated at the Central Justice Center in Santa Ana. This courthouse handles the full range of criminal matters for the central Orange County district, from initial arraignments through jury trials.

A Central Justice Center theft case Santa Ana defendants navigate follows specific local procedures and scheduling patterns. Prosecutors assigned here, the judges on the bench, and the way cases move through the calendar are details specific to this courthouse. An attorney who appears here regularly carries local knowledge that a general practitioner or out-of-county firm cannot replicate.

Petty Theft vs. Grand Theft in Santa Ana: What Changes

The dividing line is $950. Penal Code 487 applies when the value of property taken exceeds that amount, while Penal Code 484 and Penal Code 488 govern petty theft, covering property valued at $950 or below, including most shoplifting cases.

Grand theft is a wobble under California law, meaning prosecutors can file it as either a misdemeanor or a felony depending on the facts and the defendant’s prior record. Petty theft is typically filed as a misdemeanor, though prior theft convictions can increase exposure even on low-value offenses. The charge level determines the court process, the sentencing range, and the outcomes available to the defense.

Petty Theft Defense in California follows a different path than Grand Theft Defense in California. Treating them as interchangeable is a mistake that costs defendants early in the process.

Penalties for Theft Charges in Santa Ana

Misdemeanor theft carries up to 6 months in county jail and fines up to $1,000. Felony theft, depending on the value involved and criminal history, can mean 16 months to 3 years in state prison. Restitution to the victim is typically ordered in both scenarios.

These penalties extend beyond jail time and fines. A theft conviction can close doors on employment, professional licensing, and housing applications before a person has had any chance to move on.

Theft charges in Santa Ana with prior theft convictions on record carry enhanced exposure. That prior record is the factor prosecutors examine first when deciding how to file, and it is one of the first things a defense attorney needs to assess.

Understanding how theft differs from related charges also matters at this stage. Robbery vs. Theft in California explains a distinction that shapes both what is charged and how a defense is built.

Diversion and Dismissal Options for Santa Ana Theft Cases

First-time defendants facing petty theft charges may qualify for diversion. The Orange County District Attorney’s office and the Santa Ana City Attorney both have diversion program pathways available for eligible defendants, typically those with no prior criminal record facing a nonviolent charge. Statements made during the booking process can affect eligibility.

Successful completion of a diversion program results in dismissal. The criminal record stays clean. But eligibility is not automatic, and a plea bargain may also be available when diversion is not. These outcomes require advocacy. They are rarely offered without it.

How a Defense Attorney Approaches Theft Cases in Santa Ana

Theft defense Santa Ana attorneys begin with the evidence chain: how the value of the property was calculated, whether law enforcement followed proper procedure, and whether the Santa Ana Police Department theft arrest was conducted lawfully at every stage.

Grand theft charges in particular require close scrutiny of the value calculation, a figure that is sometimes inflated or documented without sufficient support. Petty theft cases can turn on identity, on whether the defendant was actually the person who took the property.

Understanding Larceny vs. Theft also matters in early case framing, since charge labels affect strategy before any court date is set.

A Santa Ana criminal defense attorney at Manshoory Law Group brings familiarity with the Central Justice Center theft case Santa Ana defendants face, including how the Orange County District Attorney’s office evaluates these matters at different charge levels. That courtroom knowledge shapes how a defense is built before the first hearing.

Theft charges in Santa Ana California reach beyond the courtroom. Employment, professional licenses, housing applications, and for non-citizen defendants, immigration status are all affected. Orange County theft charges Santa Ana defendants face are not resolved by waiting.

The theft defense Santa Ana residents pursue effectively starts with understanding the local process: from the booking at Orange County Central Jail to the Central Justice Center to the options available before any plea is entered.

Manshoory Law Group defends clients facing theft charges in Santa Ana and throughout Orange County. Contact the firm at (877) 977-7750 to schedule a free case analysis.