Arrested in California? Understand Your 48 Hours Before You Lose Them.
Someone you love is in a county jail, or you are — and the questions are coming fast. When is the arraignment? Can they hold you this long? Is this a felony or a misdemeanor? Will the bail be impossible? You do not have to sit in the dark guessing. Call 1-844-690-0555 right now, free, any hour of the night, and our AI legal assistant — trained on the California Penal Code and federal law — will walk you through exactly what happens next, in plain English or Spanish. No web form, no income test, no waiting for business hours.
Free legal information. Not legal advice. Available 24/7 across California.
Criminal Defense in California — what to do right now
Do two things right now. First: say nothing to police beyond identifying yourself — you have the right to stay silent and the right to a lawyer, and California Penal Code § 825 entitles an arrestee to see an attorney on request. Second: count the clock. You must be brought before a magistrate for arraignment within 48 hours of arrest, excluding Sundays and holidays — so a Wednesday-night arrest can legally stretch to Friday. That arraignment is when bail gets argued, so getting information before it happens is everything. Call 1-844-690-0555 free, 24/7, and we'll explain your specific timeline.
The law in California: Criminal Defense
In California, almost everything criminal happens in one place: the Superior Court of the county where you were arrested — there are 58 of them, one per county, and since Proposition 220 unified the trial courts there is no separate municipal or city-court tier. Misdemeanors, felonies, arraignments, bail hearings, preliminary hearings and trials all sit in that county's criminal division, in courthouses like the Clara Shortridge Foltz Criminal Justice Center in Los Angeles or the San Diego Central Courthouse. The county District Attorney decides whether to charge and how; the County Sheriff runs the jail where you wait. Federal charges are different — they go to the U.S. District Courts (Northern, Eastern, Central, Southern Districts of California) — but the overwhelming majority of arrests are state cases in Superior Court.The first fork is whether your charge is a felony or a misdemeanor, defined by Penal Code § 17. Many California offenses are 'wobblers' — the same conduct can be charged either way, and § 17(b) gives the court power to reduce a wobbler felony to a misdemeanor at sentencing or after probation. That single distinction drives everything downstream: a misdemeanor caps jail at 364 days; a felony can mean county jail under 'realignment' (Penal Code § 1170(h)) or state prison. Whether you get the public defender matters too: under Penal Code §§ 987 and 987.2 the court must appoint the county Public Defender first for an indigent defendant, with conflict cases going to an alternate defender or appointed panel.
Bail is where California has changed fast. Counties still publish bail schedules, but as of the California Supreme Court's April 2026 decision In re Kowalczyk — which built on the 2021 In re Humphrey ability-to-pay rule — a court may not set cash bail at an amount that is objectively unattainable for you based solely on your inability to pay, and may deny bail outright only in the narrow categories the California Constitution allows (Article I, § 12). That means the bail argument at your arraignment is winnable in a way it was not a few years ago — but only if it's actually made.
Then there is the exposure that defines California criminal law: the Three Strikes law (Penal Code §§ 667 and 1170.12). A prior 'serious' felony (§ 1192.7(c)) or 'violent' felony (§ 667.5(c)) counts as a strike — a second strike doubles the sentence on any new felony, and a third can mean 25 years to life. The strike-prior analysis is its own battlefield, and it's why two people charged with the same new offense can face wildly different outcomes. Understanding which of these gears is turning in your case is exactly what a free call can clarify — note that this is legal information to help you act, not legal advice, and the call creates no attorney-client relationship.
Key Statutes
- Penal Code § 825 — must be arraigned within 48 hours of arrest (excluding Sundays/holidays); right to see an attorney on request
- Penal Code § 17 / § 17(b) — felony vs. misdemeanor, and reducing a 'wobbler' felony to a misdemeanor
- Penal Code §§ 667 & 1170.12 — Three Strikes: a prior serious/violent felony doubles a new felony; third strike = 25-to-life
- Penal Code § 1170(h) — 'realignment': many non-violent felonies served in county jail, often split with supervision
- Penal Code §§ 987 / 987.2 — right to appointed counsel; the public defender is appointed first for the indigent
Courts & Agencies
- California Superior Court (county) — every adult misdemeanor and felony, arraignment, bail and trial
- Superior Court, Juvenile Delinquency Division — Welfare & Institutions Code § 602 cases; closed, no jury, a judge decides
- County District Attorney — the charging authority that decides felony vs. misdemeanor
- County Public Defender's Office — appointed defense for indigent defendants (LA County's is among the largest PD offices in the country)
- California Supreme Court — source of the controlling bail rules (In re Humphrey 2021; In re Kowalczyk 2026)
Penalties & Deadlines
- Misdemeanor — up to 364 days county jail (capped at 364, not 365, to limit immigration fallout) and/or fines
- Felony — § 1170(h) county-jail terms or state prison for serious/violent offenses; some carry life
- Three Strikes — a second strike doubles the sentence; a third strike = 25 years to life
- Statute of limitations — most misdemeanors 1 year (§ 802), most felonies 3 years (§ 801), offenses punishable by 8+ years 6 years (§ 800); no limit for murder
- SB 731 'Clean Slate' automatic sealing — 1 year (misdemeanor) / 4 years (most felonies) conviction-free after sentence completion
Bail just changed in California — and the window to use it is your arraignment
Most 'Humphrey hearing' pages you'll find online are now out of date. On April 30, 2026, in In re Kowalczyk, the California Supreme Court went further than the 2021 Humphrey rule: it held that a court cannot set cash bail at an amount you objectively cannot afford based solely on your indigency, and can deny bail only in the narrow categories the state Constitution allows. That's powerful — but it isn't automatic. The argument has to be made, and the place it's made is your arraignment, which by law happens within 48 hours of arrest. If nobody raises your inability to pay, a schedule-based bail can quietly stand. Don't sit on it. Call 1-844-690-0555 free, any hour, and we'll explain how the new bail rule applies to your situation.
Likely outcomes & penalties
Every case turns on the charge, the priors and the county — but here is the realistic range of where California criminal matters land, so the numbers stop being a mystery.Mistakes to avoid
How it works
Free & low-cost Criminal Defense help in California
If you can't afford a private lawyer, California has a real safety net — appointed counsel and free or low-cost help. These are independent organizations, not Legal Hotline, but they're the right doors to know. For anything urgent or confusing, the fastest first step is still a free call to 1-844-690-0555.
FAQ — Criminal Defense in California
How long can California hold me before I see a judge?
Under Penal Code § 825 you must be brought before a magistrate for arraignment within 48 hours of arrest, excluding Sundays and holidays — so a Wednesday-evening arrest can legally stretch into Friday. Blowing that clock can mean suppressed statements or release. To understand your specific timeline, call 1-844-690-0555 free, any hour.
Is my charge a felony or a misdemeanor in California?
Penal Code § 17 draws the line, but many California offenses are 'wobblers' that the DA can charge either way — and § 17(b) lets the court later reduce a wobbler felony to a misdemeanor. The difference decides whether jail is capped at 364 days or you face prison. Call 1-844-690-0555 free and we'll explain which category your charge falls into.
Bail was set really high — can I challenge it after In re Kowalczyk?
Yes. Since In re Kowalczyk (April 2026), a California court can't set cash bail at an amount you objectively can't afford based solely on your inability to pay, and can deny bail only in narrow constitutional categories. But the argument has to be raised, usually at your arraignment. Call 1-844-690-0555 free, 24/7, to understand how the new rule applies to you.
What is Three Strikes and could it apply to me?
Under Penal Code §§ 667 and 1170.12, a prior 'serious' (§ 1192.7(c)) or 'violent' (§ 667.5(c)) felony counts as a strike: a second strike doubles your sentence on a new felony and a third can mean 25 years to life. An old conviction you'd forgotten can change everything. Call 1-844-690-0555 free to talk through your priors.
How do I get a public defender in California?
Under Penal Code §§ 987 and 987.2 the court must appoint the county Public Defender first for defendants who can't afford a lawyer; conflict cases go to an alternate defender or appointed panel. You typically request appointment at your arraignment. To understand the process and what to say, call 1-844-690-0555 free, any time.
My teenager was arrested — what happens in juvenile court?
Under Welfare & Institutions Code § 602, minors under 18 go to the Superior Court's Juvenile Delinquency Division — closed, no jury, a judge decides — and a detained minor's detention hearing must generally be held promptly, within the deadlines set by the Welfare & Institutions Code. For certain felonies, a § 707 transfer hearing can move a 16- or 17-year-old (or, for listed offenses, a 14- or 15-year-old in limited circumstances) to adult court. Call 1-844-690-0555 free to understand your child's situation.
Can I get my California criminal record expunged or sealed?
Often, yes. Penal Code § 1203.4 allows a post-probation dismissal ('expungement'), and SB 731's 'Clean Slate' system has the California DOJ automatically seal qualifying records — after 1 conviction-free year for misdemeanors, 4 years for most felonies — with no petition required, though serious/violent and sex offenses are excluded. To learn whether your case qualifies, call 1-844-690-0555 free.
Is it too late to charge me — what's the statute of limitations?
It depends on the offense: most misdemeanors must be charged within 1 year (§ 802), most felonies within 3 years (§ 801), and offenses punishable by 8 or more years within 6 years (§ 800) — with no time limit for murder and a few other offenses. A stale prosecution can sometimes be barred. Call 1-844-690-0555 free to check the clock on your case.
I'm not a US citizen — will a conviction affect my immigration status?
It can — and that's a federal question, decided under federal immigration law by USCIS and the immigration courts (EOIR), not by the state court handling your criminal case. That's exactly why California caps misdemeanors at 364 days (to avoid triggering certain federal consequences) and why a § 17(b) reduction can matter so much for non-citizens. Criminal and immigration consequences interact closely. Call 1-844-690-0555 free, in Spanish or another language, to understand the stakes before you plead.
Does this hotline give legal advice or get me a lawyer?
We give clear legal information — not legal advice — and the call creates no attorney-client relationship. Legal Hotline is not a law firm and not a public defender. But the AI assistant is trained on California and federal law, and if you want one we can help you book a paid consultation with a California-licensed criminal defense attorney. Start with a free call to 1-844-690-0555.
California criminal defense attorneys: join our network
Are you a California-licensed criminal defense attorney? We connect frightened, urgent callers across Los Angeles, San Diego, the Bay Area, Sacramento, Fresno and the Inland Empire with vetted local counsel — at the moment they're ready to retain. If you'd like to receive matched client referrals for arraignments, bail, felony, juvenile and record-relief matters, join our attorney network and we'll route consultations your way.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.
Don't wait for business hours — the clock is already running.
An arrest doesn't keep office hours, and neither do we. Whether the arraignment is hours away, the bail looks impossible, or you just need to know whether this is a felony or a misdemeanor, you can get clear answers right now — free, in your language, with no web form and no income test. Call 1-844-690-0555 to talk through your California criminal case with an AI assistant trained on California and federal law, and find out your options before the next hearing. It's free legal information, available 24/7.
Free legal information. Not legal advice.