The RegistryCounty Record · California
Criminal Defense Lawyers in San Benito County, California
Searching for a criminal defense lawyer in San Benito County? Counsel for the accused — from arraignment through trial and record clearance. This page indexes the county's criminal defense coverage from the State Bar of California's official roll, with identity-verification markers where available.
An inland Central Coast county south of Santa Clara Valley, mixing agriculture with Bay Area commuter growth around Hollister; the San Andreas Fault runs directly through the county, including Mission San Juan Bautista. The court of record is the Superior Court of California, County of San Benito — counsel who appear there regularly read the local calendar better than any brochure.
Deadlines shape these cases before merits do — most misdemeanors: one year to charge; most felonies: three years (Cal. Penal Code §§ 799–802). Charging deadlines scale with the offense — crimes punishable by death or life imprisonment, and embezzlement of public money, may be prosecuted at any time (Cal. Penal Code § 799). After arrest, arraignment must generally occur within 48 hours (Cal. Penal Code § 825).
This page is the San Benito County chapter of the registry's statewide record — Criminal Defense Lawyers in California collects all 58 counties.
The clock & the court
Most misdemeanors: one year to charge; most felonies: three years.
Cal. Penal Code §§ 799–802
Charging deadlines scale with the offense — crimes punishable by death or life imprisonment, and embezzlement of public money, may be prosecuted at any time (Cal. Penal Code § 799). After arrest, arraignment must generally occur within 48 hours (Cal. Penal Code § 825).
Superior Court of California, County of San Benito.
County seat: Hollister
Official court information, locations, and filing rules: www.sanbenito.courts.ca.gov
Criminal Defense · San Benito County roster
17 attorneys on the official State Bar of California roll list criminal defense among their practice areas with an address of record in San Benito County.
16 of them hold an active licence; the remainder are recorded as inactive and are not currently eligible to practise.
Admission years on this roster run from 1976 to 2022.
The employers most represented here are San Benito County District Attorney (4).
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Criminal Defense questions, cited
How long can California wait to file criminal charges?
It depends on the offense. Most misdemeanors must be charged within one year (Cal. Penal Code § 802) and most felonies within three years (Cal. Penal Code § 801). Offenses punishable by eight or more years run six years (§ 800), and crimes punishable by death or life imprisonment have no limitations period (§ 799). Certain sex offenses and fraud offenses follow special discovery-based rules.
What happens at an arraignment in California?
The court formally states the charges, advises you of your rights, takes your plea, and addresses release — bail, own-recognizance release, or conditions. Cal. Penal Code § 825 requires that a person in custody be arraigned within 48 hours of arrest, excluding Sundays and holidays. It is also where counsel is appointed for defendants who cannot afford an attorney.
Can I get a conviction expunged in California?
Many convictions can be dismissed under Cal. Penal Code § 1203.4 after probation ends — the plea is withdrawn and the case dismissed, though the conviction still counts for some purposes (licensing disclosures, priors). Since 2023, Cal. Penal Code § 1203.425 also provides automatic record relief for many older non-serious convictions, and arrest records that ended without conviction can be sealed under § 851.91.
Do I have to talk to police if I am being investigated?
No. The Fifth Amendment and California law let you decline to answer questions, and anything volunteered can be used against you. You may state that you are exercising your right to remain silent and want an attorney; questioning of a person in custody must then stop under Miranda v. Arizona (1966) 384 U.S. 436. Providing identification during a lawful stop is a separate, narrower obligation.
What is the difference between a misdemeanor and a felony in California?
Chiefly the maximum punishment: misdemeanors carry up to a year in county jail (Cal. Penal Code § 19), while felonies are punishable by imprisonment (Cal. Penal Code § 17). Many offenses are "wobblers" that can be charged or later reduced either way under Penal Code § 17(b) — a frequent target of defense motions, since reduction restores rights and narrows collateral consequences.
Legal information, not legal advice.
From the answer files
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Source: Cal. Penal Code §§ 799–802 · State Bar of California licensee records · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.
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