Under Penal Code Section 825, a person under arrest must be taken before a magistrate within 48 hours, excluding Sundays and holidays. That clock starts running before most people have spoken to a lawyer.

Three Decades of Standing Between Bay Area Clients and a Criminal Charge

The Law Offices of Johnson & Johnson have defended people charged with crimes in Contra Costa County and across the Bay Area since 1993. Peter Johnson and Carin Johnson have each practiced law for more than 30 years, and the firm has handled more than 2,000 cases and taken over 400 of them to trial. You do not need to understand the system you were just pulled into. You need to reach someone who does, because the decisions that shape a case get made in the first days. Our Contra Costa County criminal defense lawyers can help.

Why People Facing Charges in Contra Costa County Trust Johnson & Johnson

An arrest puts your freedom, your job, and your family into a system built to move without you. These are the reasons people across the Bay Area call us first:

  • A trial lawyer on the file. Peter Johnson has hundreds of trials behind him and prepares cases with both negotiations and the possibility of trial in mind. Prosecutors often bargain more seriously with a lawyer who is ready to try a case.
  • Direct access to an attorney. You work directly with an experienced lawyer, not only an assistant or junior staff member.
  • Local court knowledge. Contra Costa County criminal matters may be heard at the A.F. Bray and Wakefield Taylor courthouses in Martinez, the George D. Carroll Courthouse in Richmond, or the Richard E. Arnason Justice Center in Pittsburg.
  • Professional involvement. The attorneys’ affiliations include the Contra Costa County Bar Association, the California DUI Lawyers Association, and the National College for DUI Defense.
  • A free, confidential consultation. You can discuss the charge and your options before deciding how to proceed.

The early stages of a criminal case can affect release conditions, evidence preservation, charging decisions, and the defense strategy that follows. The Law Offices of Johnson & Johnson brings direct attorney involvement, substantial trial experience, and familiarity with Contra Costa County courts to those critical decisions, preparing each case for negotiation without losing sight of what may be required at trial.

What the First Days of a California Criminal Case Look Like

California sets hard deadlines at the start of a case, and they run whether or not you have a lawyer. Under Penal Code Section 825, a person under arrest must be taken before a magistrate without unnecessary delay and, in any event, within 48 hours of the arrest, excluding Sundays and holidays. That statute also lets any California attorney visit a person in custody on request.

Penal Code Section 859b carries the next deadline. If the charge is a felony and you do not plead guilty at arraignment, both sides have the right to a preliminary examination at the earliest possible time. The statute sets it within 10 court days of the arraignment or plea, whichever comes later, absent a waiver by both sides or good cause. That hearing is the first real test of the state’s evidence, and often where a thin case starts to come apart. The county court publishes an overview of how its criminal division moves a case through these stages.

The Charge Itself Is Often Negotiable

Penal Code Section 17 defines a felony as a crime punishable by death, by imprisonment in state prison, or by county jail under Section 1170(h). Every other offense is a misdemeanor unless the law classifies it as an infraction.

A large group of offenses, commonly called wobblers, can be punished either way. Section 17(b) fixes the moments at which a wobbler becomes a misdemeanor for all purposes. Those include when the prosecutor files it as a misdemeanor, when the court declares it one while granting probation, and when the court so determines before trial.

For an offense that can be charged as either a felony or a misdemeanor, classification is not merely a label. It can affect the possible sentence and the direction of the entire case. Early defense work may give counsel an opportunity to present facts and mitigating circumstances that support filing or treating the charge as a misdemeanor.

When a Prior Conviction Raises the Stakes

A prior record changes the arithmetic of a California felony. Under Penal Code Section 667, a defendant with one prior serious or violent felony conviction, pleaded and proved, faces twice the term otherwise provided for the current felony. With two or more such priors, the statute sets an indeterminate life term with a minimum of the greatest of three times the current term, 25 years, or the term fixed under Section 1170. One narrowing matters. If the current offense is not itself serious or violent, the one-prior rule applies instead, unless the prosecution pleads and proves an exception the statute lists.

A judge is not powerless. Penal Code Section 1385(a) allows a court, acting on its own motion or on the prosecuting attorney’s application, to dismiss an action in furtherance of justice. In People v. Superior Court (Romero), the California Supreme Court held that this power reaches prior felony conviction allegations in Three Strikes cases, subject to strict compliance with the statute and review for abuse of discretion. Persuading a judge to use it takes a record built for it from the start.

Charges We Defend Across the Bay Area

The firm handles adult criminal matters in state and federal court, including:

We take cases in Alameda, Contra Costa, Napa, San Francisco, San Joaquin, Santa Clara, Solano, and Sonoma counties.

Talk to a Contra Costa County Criminal Defense Attorney Today

An arrest is not a conviction, and the state still has to prove its case beyond a reasonable doubt. The earlier an attorney gets involved, the more of the case is open to change. The Law Offices of Johnson & Johnson offer a free, confidential consultation from the Walnut Creek office at 2125 Oak Grove Rd., Suite 315. Contact the firm online to talk with an attorney about what you are facing.

Frequently Asked Questions

How soon do I have to see a judge after an arrest in California?

Penal Code Section 825 requires that a person under arrest be taken before a magistrate without unnecessary delay and, in any event, within 48 hours, excluding Sundays and holidays. If that period runs out while court is not in session, it extends through the next session on the following judicial day.

Can a California felony charge be reduced to a misdemeanor?

Sometimes. California treats a large group of offenses as wobblers, punishable as either a felony or a misdemeanor. Penal Code Section 17(b) makes a wobbler a misdemeanor for all purposes in several situations, including when the prosecutor files it as one and when the court so determines before trial. Whether that is realistic depends on the offense, the record, and the evidence.

Should I answer questions before I have a lawyer?

No. Officers and prosecutors are building a case, and a statement made in an interview is hard to take back. Penal Code Section 825 lets an attorney visit you in custody on request, so you can get advice first. Ask for a lawyer, then stop talking.

"Johnson & Johnson Law Offices logo with balance scale icon"
Criminal Defense
Under Penal Code Section 825, a person under arrest must be taken before a magistrate within 48 hours, excluding Sundays and holidays. That clock starts running before most people have spoken to a lawyer.

Three Decades of Standing Between Bay Area Clients and a Criminal Charge

The Law Offices of Johnson & Johnson have defended people charged with crimes in Contra Costa County and across the Bay Area since 1993. Peter Johnson and Carin Johnson have each practiced law for more than 30 years, and the firm has handled more than 2,000 cases and taken over 400 of them to trial. You do not need to understand the system you were just pulled into. You need to reach someone who does, because the decisions that shape a case get made in the first days. Our Contra Costa County criminal defense lawyers can help.

Why People Facing Charges in Contra Costa County Trust Johnson & Johnson

An arrest puts your freedom, your job, and your family into a system built to move without you. These are the reasons people across the Bay Area call us first:

  • A trial lawyer on the file. Peter Johnson has hundreds of trials behind him and prepares cases with both negotiations and the possibility of trial in mind. Prosecutors often bargain more seriously with a lawyer who is ready to try a case.
  • Direct access to an attorney. You work directly with an experienced lawyer, not only an assistant or junior staff member.
  • Local court knowledge. Contra Costa County criminal matters may be heard at the A.F. Bray and Wakefield Taylor courthouses in Martinez, the George D. Carroll Courthouse in Richmond, or the Richard E. Arnason Justice Center in Pittsburg.
  • Professional involvement. The attorneys’ affiliations include the Contra Costa County Bar Association, the California DUI Lawyers Association, and the National College for DUI Defense.
  • A free, confidential consultation. You can discuss the charge and your options before deciding how to proceed.

The early stages of a criminal case can affect release conditions, evidence preservation, charging decisions, and the defense strategy that follows. The Law Offices of Johnson & Johnson brings direct attorney involvement, substantial trial experience, and familiarity with Contra Costa County courts to those critical decisions, preparing each case for negotiation without losing sight of what may be required at trial.

What the First Days of a California Criminal Case Look Like

California sets hard deadlines at the start of a case, and they run whether or not you have a lawyer. Under Penal Code Section 825, a person under arrest must be taken before a magistrate without unnecessary delay and, in any event, within 48 hours of the arrest, excluding Sundays and holidays. That statute also lets any California attorney visit a person in custody on request.

Penal Code Section 859b carries the next deadline. If the charge is a felony and you do not plead guilty at arraignment, both sides have the right to a preliminary examination at the earliest possible time. The statute sets it within 10 court days of the arraignment or plea, whichever comes later, absent a waiver by both sides or good cause. That hearing is the first real test of the state’s evidence, and often where a thin case starts to come apart. The county court publishes an overview of how its criminal division moves a case through these stages.

The Charge Itself Is Often Negotiable

Penal Code Section 17 defines a felony as a crime punishable by death, by imprisonment in state prison, or by county jail under Section 1170(h). Every other offense is a misdemeanor unless the law classifies it as an infraction.

A large group of offenses, commonly called wobblers, can be punished either way. Section 17(b) fixes the moments at which a wobbler becomes a misdemeanor for all purposes. Those include when the prosecutor files it as a misdemeanor, when the court declares it one while granting probation, and when the court so determines before trial.

For an offense that can be charged as either a felony or a misdemeanor, classification is not merely a label. It can affect the possible sentence and the direction of the entire case. Early defense work may give counsel an opportunity to present facts and mitigating circumstances that support filing or treating the charge as a misdemeanor.

When a Prior Conviction Raises the Stakes

A prior record changes the arithmetic of a California felony. Under Penal Code Section 667, a defendant with one prior serious or violent felony conviction, pleaded and proved, faces twice the term otherwise provided for the current felony. With two or more such priors, the statute sets an indeterminate life term with a minimum of the greatest of three times the current term, 25 years, or the term fixed under Section 1170. One narrowing matters. If the current offense is not itself serious or violent, the one-prior rule applies instead, unless the prosecution pleads and proves an exception the statute lists.

A judge is not powerless. Penal Code Section 1385(a) allows a court, acting on its own motion or on the prosecuting attorney’s application, to dismiss an action in furtherance of justice. In People v. Superior Court (Romero), the California Supreme Court held that this power reaches prior felony conviction allegations in Three Strikes cases, subject to strict compliance with the statute and review for abuse of discretion. Persuading a judge to use it takes a record built for it from the start.

Charges We Defend Across the Bay Area

The firm handles adult criminal matters in state and federal court, including:

We take cases in Alameda, Contra Costa, Napa, San Francisco, San Joaquin, Santa Clara, Solano, and Sonoma counties.

Talk to a Contra Costa County Criminal Defense Attorney Today

An arrest is not a conviction, and the state still has to prove its case beyond a reasonable doubt. The earlier an attorney gets involved, the more of the case is open to change. The Law Offices of Johnson & Johnson offer a free, confidential consultation from the Walnut Creek office at 2125 Oak Grove Rd., Suite 315. Contact the firm online to talk with an attorney about what you are facing.

Frequently Asked Questions

How soon do I have to see a judge after an arrest in California?

Penal Code Section 825 requires that a person under arrest be taken before a magistrate without unnecessary delay and, in any event, within 48 hours, excluding Sundays and holidays. If that period runs out while court is not in session, it extends through the next session on the following judicial day.

Can a California felony charge be reduced to a misdemeanor?

Sometimes. California treats a large group of offenses as wobblers, punishable as either a felony or a misdemeanor. Penal Code Section 17(b) makes a wobbler a misdemeanor for all purposes in several situations, including when the prosecutor files it as one and when the court so determines before trial. Whether that is realistic depends on the offense, the record, and the evidence.

Should I answer questions before I have a lawyer?

No. Officers and prosecutors are building a case, and a statement made in an interview is hard to take back. Penal Code Section 825 lets an attorney visit you in custody on request, so you can get advice first. Ask for a lawyer, then stop talking.