How a criminal case moves
Arrest, charging review, arraignment, motions — and rarely, trial. Most cases end long before a jury.
A DUI is two cases
The criminal case decides your record. The DMV case decides your license, on a ten-day clock.
DV & child abuse allegations
Protective orders issue before you are heard, and CPS often opens a second case. Both need one defense.
Welfare, EDD & white collar
Most begin with an audit letter. They turn on documents and intent — which is what makes them defensible.
Licensing board advocacy
Nurses, contractors, agents: an arrest triggers a second proceeding with its own deadlines.
Clearing your record
Expungement, sealing, felony reduction, certificates of rehabilitation — often more than one applies.
Charges we handle most
Many can be filed as a misdemeanor or a felony depending on the facts — which is where early representation matters most.
Diversion and collaborative courts
California has a second track through the criminal system: complete a program instead of a sentence, and the charge is generally dismissed and the arrest sealed. These are underused, largely because nobody asks.
Misdemeanor diversion — § 1001.95
- A judge may divert most misdemeanors over the prosecutor's objection
- Up to 24 months of terms; no plea required, and dismissal on completion
- Excluded: DV under §§ 273.5 and 243(e), stalking, registrable sex offenses
Mental health diversion — § 1001.36
- For a diagnosed disorder that played a significant role in the offense
- Available on felonies as well as misdemeanors, with statutory exclusions
- Needs a qualified opinion, a treatment plan, and consent to treatment
- Up to two years; completion means dismissal and sealing
Military diversion — § 1001.80
- For service members with service-related trauma, TBI, substance abuse, or mental health conditions
- Covers misdemeanors, expressly including DUI
- VA or approved-provider treatment; dismissal on completion
Drug diversion — §§ 1000, 1000.4
- Pretrial diversion for qualifying simple-possession offenses
- Education and treatment in place of prosecution, dismissed on completion
- Prop 36 and § 1210.1 treatment remain available in some postures
Collaborative courts
- Veterans, drug, mental health, and DUI courts — judge-supervised, with frequent reviews
- Entry criteria are county-specific; El Dorado, Sacramento, and Placer each run their own
- Graduation often means dismissal, reduction, or a far better sentence
Related relief
- § 1170.9 — alternative sentencing for service members with qualifying conditions
- § 1001.81 — diversion for repeat theft offenses in participating counties
- § 1385 — dismissal in the interests of justice, including on the court's own motion
- After the case: clearing your record →
Asked at almost every consultation.
Do I really need a lawyer for a first offense?
First offenses are where the most is salvageable — diversion, reduced charges, and a clean record are most available to first-time defendants. What you do in the first case decides how any future one goes.
Will I go to jail?
For most misdemeanors and many low-level felonies the realistic answers are probation, programs, community service, or monitoring — especially with no record and good mitigation. Custody is far from automatic.
Should I just take the first deal?
Not before someone who works for you has read the reports, watched the video, and tested the evidence. First offers are rarely best offers, and some convenient pleas carry consequences — immigration, licensing, firearms — that outlast the sentence.
What's the difference between expungement and sealing?
Expungement dismisses a conviction; sealing applies to arrests that never became one. Felony reductions and certificates of rehabilitation are separate tools, and often more than one applies. See the record-clearing guide.
The alleged victim wants to drop the charges. Is it over?
No — the prosecutor, not the alleged victim, decides whether a case proceeds, and DV cases go forward over a victim's objection every day. It changes the strategy; it doesn't end the case.
Can a victim be forced to testify?
A victim served with a subpoena must appear. But under Code of Civil Procedure § 1219(b)–(c) a court may not jail for contempt a victim of domestic violence, sexual assault, or human trafficking who refuses to testify about that crime, and must first refer them to a victim advocate. Prosecutors sometimes threaten a reluctant witness with jail; this statute is the answer.
Sage BlackOwl has defended criminal cases since law school — first as a certified law student with the Federal Defender for the Eastern District of California, then on the Placer County conflict panel and the Sacramento County misdemeanor conflict panel, carrying cases from arraignment through trial.
Get answers about your situation.
This page is general information — a consultation is where it becomes advice. We review the facts, build a step-by-step strategy, and you leave understanding your options, whether or not you hire the firm.
Admin (916) 900-2425 · Attorney (916) 900-6917 — call or text · Fax (916) 244-4858 · sage@blackowl.law
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