Question 1

What is the statute of limitations for criminal defense in California?

Accepted Answer

Murder and embezzlement of public funds have no statute of limitations. Felonies punishable by 8 or more years in prison must be charged within 6 years. Most other felonies have a 3-year limit. Misdemeanors must be charged within 1 year. (Cal. Penal Code §§ 799–802)

Question 2

What is California's law on three strikes law (as reformed by prop 36)?

Accepted Answer

A defendant with two or more prior serious or violent felony convictions faces 25 years to life for a new serious or violent felony. After Proposition 36 (2012), the third strike must be a serious or violent felony to trigger the 25-to-life sentence. (Cal. Penal Code § 667(b)–(i))

Question 3

What is California's law on record expungement / dismissal?

Accepted Answer

After completing probation, a defendant may petition to withdraw the guilty plea and have the case dismissed. This provides relief for employment and licensing purposes, though it does not erase the record entirely. (Cal. Penal Code § 1203.4)

Question 4

What is California's law on dui penalties?

Accepted Answer

California DUI penalties escalate based on prior offenses within a 10-year lookback period. A first offense carries up to 6 months in jail, fines, license suspension, and a DUI program. A fourth DUI within 10 years can be charged as a felony. (Cal. Veh. Code § 23152)

Question 5

What is California's law on right to counsel?

Accepted Answer

Any person charged with a crime punishable by incarceration has the right to appointed counsel if they cannot afford an attorney. (Cal. Const. art. I, § 15; Cal. Penal Code § 859)

Criminal Defense Laws in California.

Statute of Limitations

Key California Statutes

Official Sources

Not Legal Advice

Browse attorneys for this issue in California.

Other state law topics.