Frequently Asked Questions

Under the U.S. and California Constitutions, you have the following rights upon arrest:

• Right to remain silent (5th Amendment) — You do not have to answer questions. Anything you say can and will be used against you.
• Right to an attorney (6th Amendment) — If you cannot afford one, the court must appoint a public defender at no cost.
• Right against unreasonable search and seizure (4th Amendment) — Police generally need a warrant to search your property.
• Right to a speedy trial (6th Amendment) — In California, a felony preliminary hearing must occur within 10 court days of arraignment; trial must begin within 60 days of arraignment.
• Right to confront witnesses (6th Amendment) — You can cross-examine anyone who testifies against you.
• Right to bail (8th Amendment) — Except in capital cases, you have a right to reasonable bail.

• Infraction: Minor violation (e.g., traffic ticket). No jail time. Fine only. No right to a jury trial or appointed attorney.
• Misdemeanor: Up to 1 year in county jail and/or up to $1,000 fine. You have a right to a public defender.
• Felony: More than 1 year in state prison. Serious consequences including loss of voting rights while incarcerated, loss of firearm rights, and a permanent criminal record.
• "Wobbler": Some California offenses can be charged as either a felony or misdemeanor at the prosecutor's discretion. This is a key area where overcharging occurs — prosecutors charge the felony version to pressure a plea to the misdemeanor.

A preliminary hearing is a mini-trial held before a judge (no jury) to determine whether there is enough evidence to hold you for trial on felony charges. It must occur within 10 court days of your arraignment (unless you waive time).

Why it matters:

• The prosecution must show probable cause for each charge. If they cannot, the judge must dismiss that charge.
• Your attorney can cross-examine prosecution witnesses — this is often the first time the defense sees the prosecution's case.
• Charges are frequently reduced or dismissed at this stage. A good defense attorney will aggressively challenge weak charges here.
• If your attorney does not challenge anything at the preliminary hearing, that is a red flag.

Overcharging is when prosecutors file more charges, or more serious charges, than the evidence actually supports. It is a documented prosecution tactic used to pressure defendants into accepting plea bargains.

Signs you are being overcharged:

• Multiple charges arising from a single incident (e.g., 7 felonies for one event)
• Charges that seem disproportionate to what happened (e.g., felony charges for what police initially called a civil matter)
• The plea offer drops charges dramatically — if the DA is willing to drop from 7 charges to 1, the other 6 were probably overcharged
• Similar cases in the same county were handled as misdemeanors or not prosecuted at all
• Charging the most serious version of a "wobbler" offense that could be a misdemeanor

What you can do:

• Ask your attorney to file a Penal Code 995 motion to dismiss charges not supported by probable cause after the preliminary hearing
• Ask your attorney to file a Penal Code 17(b) motion to reduce wobbler felonies to misdemeanors
• Do NOT accept a plea deal without understanding every charge and what evidence supports it

This is one of the most important decisions you will ever make. A plea deal is a permanent criminal conviction on your record. Before accepting:

• Understand every charge — What are you pleading to? What are the maximum penalties?
• Demand to see the evidence — Has your attorney reviewed ALL discovery? Have they investigated your side?
• Know the collateral consequences — A felony conviction affects employment, housing, immigration status, custody rights, voting rights, and firearm rights.
• Compare the risk — What is the realistic outcome at trial vs. the plea offer? A good attorney can explain this honestly.
• Never plead guilty just because your attorney pressures you — If your attorney is pushing a plea without investigating your case, file a Marsden motion.

Free tools: Run your offer through our Plea Deal Analyzer to see comparable-case outcomes and hidden costs, and use the Sentence Calculator to see what you actually face at trial vs. on the plea.

A Marsden motion (from People v. Marsden, 1970) is the only legal mechanism for a criminal defendant in California to request replacement of their court-appointed attorney. It is your constitutional right.

How to file:

1. At your next court appearance, state clearly: "Your Honor, I would like to make a Marsden motion."
2. The judge must pause the case and hold a confidential hearing. The courtroom is cleared of the prosecutor and public.
3. Only the judge, court reporter, you, your attorney, and courtroom staff remain.
4. Explain your specific reasons: missed meetings, failure to file motions, failure to investigate, pressure to plea without review of evidence, refusal to communicate.
5. Bring written notes and any documentation.

Valid grounds include:

• Failure to investigate your case or interview witnesses
• Failure to file pretrial motions
• Failure to communicate or return calls/emails
• Pressure to accept a plea without reviewing discovery
• Attorney has a conflict of interest
• Attorney is incompetent or unprepared

When you can file: At any stage — arraignment, pre-trial, during trial, or at sentencing.

If granted: The judge appoints a new attorney (usually from the alternate public defender's office or a panel attorney).

If denied: You can file again if new issues arise. The denial can also be raised on appeal.

If your Marsden motion is denied, you have several options:

• File another Marsden motion if new issues arise or the problems worsen. There is no limit to how many you can file, as long as each raises new or different grounds.
• File a Faretta motion to represent yourself (pro per). This is a serious step — the judge will warn you of the dangers, but you have the constitutional right to self-representation.
• File a State Bar complaint against your attorney at calbar.ca.gov. This creates a permanent record even if the Bar does not immediately act.
• Document everything in writing — keep a log of every missed meeting, unanswered communication, and failure to act. This becomes evidence for an ineffective assistance of counsel (IAC) claim on appeal.
• Raise the issue on appeal — If you are convicted, your appellate attorney can argue that the trial court abused its discretion in denying the Marsden motion.

Red flags that your attorney may be providing ineffective assistance:

• Has not visited you in custody or met with you to discuss your case
• Cannot explain your charges, the evidence, or the possible outcomes
• Has not filed any pretrial motions (suppression motions, motions to dismiss, discovery motions)
• Has not hired an investigator or interviewed witnesses
• Pressures you to take a plea deal at every appearance without discussing trial strategy
• Does not return your calls, emails, or letters
• Seems unfamiliar with your case at court appearances
• Waives your rights (such as time waivers) without your informed consent
• Tells you they "don't have time" to work on your case

File a complaint with the Commission on Judicial Performance (CJP), the only body that can discipline California state judges.

How:

1. Online: cjp.ca.gov/online-complaint-form/
2. By mail: Commission on Judicial Performance, 455 Golden Gate Avenue, Suite 14400, San Francisco, CA 94102
3. By fax: (415) 557-1266 (complaints under 10 pages)

What to include:

• Judge's full name and court
• Exactly what the judge said and did — specific facts, not conclusions
• Dates and case numbers
• Names of witnesses
• Supporting documents (up to 10 attachments, 10 MB each for online submissions)

What happens next:

• The CJP acknowledges your complaint by letter
• The commission investigates and decides whether to pursue the matter
• You are notified of the final decision in writing
• Possible outcomes range from advisory letters to public censure to removal from the bench

Any person can file a complaint against any California-licensed attorney — including prosecutors and public defenders — with the State Bar of California.

How to file:

1. Go to calbar.ca.gov/attorneys/discipline/attorney-complaint
2. Click "File a Complaint"
3. Provide the attorney's name and bar number (search at apps.calbar.ca.gov/attorney/Licensee/Search)
4. Describe the misconduct in detail with dates and supporting evidence
5. Cite specific rules violated (see template on our Take Action page)

Key rules for prosecutors:

• Rule 3.8 — Special Responsibilities of a Prosecutor (duty to disclose exculpatory evidence, not overcharge)
• Rule 3.6 — Trial Publicity (cannot make prejudicial public statements about pending cases)

Key rules for defense attorneys:

• Rule 1.1 — Competence
• Rule 1.3 — Diligence
• Rule 1.4 — Communication with client

Yes. Prosecutors are licensed attorneys subject to the same State Bar rules as any other lawyer. You can file a complaint for:

• Brady violations — Failing to disclose exculpatory evidence (evidence that helps the defendant)
• False statements — Making knowingly false statements to the court or media
• Overcharging — Filing charges not supported by evidence to coerce pleas
• Prejudicial public statements — Making extrajudicial statements likely to prejudice proceedings
• Witness tampering or intimidation
• Racial bias in prosecution decisions (also addressable under the California Racial Justice Act)

File at calbar.ca.gov. Also consider reporting to the California Attorney General's Office if the misconduct is systemic.

Before you file: Check our Officers Database for prior misconduct, Brady list status, and POST decertification records on officers in your case. Pattern evidence strengthens a complaint.

Under the Americans with Disabilities Act (ADA), California courts must provide reasonable accommodations for people with disabilities.

How to request:

1. Fill out Judicial Council Form MC-410 (Request for Accommodations by Persons with Disabilities and Response)
2. Submit the form to the court's ADA coordinator — NOT in open court (to protect your medical privacy)
3. The ADA coordinator must respond within a reasonable time
4. If denied, you have the right to appeal the decision

Common accommodations:

• Extended breaks during hearings
• Written instructions instead of verbal-only
• Modified courtroom seating
• Sign language interpreters
• Extra time to review documents
• Remote appearance options

Under Strickland v. Washington (1984), you can challenge your conviction on appeal if your attorney's performance was so deficient that it denied you a fair trial.

To win an IAC claim, you must prove two things:

1. Deficient performance: Your attorney's representation fell below an objective standard of reasonableness (e.g., failed to investigate, failed to file motions, failed to challenge evidence).
2. Prejudice: There is a reasonable probability that, but for the attorney's errors, the result would have been different.

Common IAC grounds in California:

• Failure to investigate the case or interview witnesses
• Failure to hire an investigator
• Failure to file suppression motions for illegally obtained evidence
• Failure to challenge eyewitness identification procedures
• Failure to present available alibi evidence
• Advising a guilty plea without adequate investigation

California provides compensation to wrongfully convicted individuals through Penal Code Section 4900:

• $140 per day of wrongful incarceration (including pre-trial custody)
• $70 per day for time served on parole or supervised release resulting from the wrongful conviction
• Maximum of $5 million total compensation

How to claim:

1. File a claim with the California Victim Compensation Board (CalVCB) at victims.ca.gov/legal/pc4900/
2. You must demonstrate that the conviction has been reversed or vacated AND that you did not commit the crime

Civil lawsuits: You may also file a federal civil rights lawsuit (42 U.S.C. Section 1983) against the responsible officers, prosecutors, or agencies. These lawsuits have resulted in multi-million dollar settlements in California:

• Kash Register: $16.7 million (34 years wrongful imprisonment)
• Andrew Wilson: $14 million (murder conviction overturned)
• Ruben Martinez: $8 million (12 years wrongful imprisonment)
• Reggie Cole: $5.2 million (16 years wrongful imprisonment)

The California Racial Justice Act (AB 2542, effective January 1, 2021, expanded by AB 256 in 2022) prohibits the use of race, ethnicity, or national origin in seeking or obtaining convictions or sentences.

What it allows:

• Challenge a conviction or sentence if racial bias was a factor — even without proof of intentional discrimination
• Use statistical evidence showing racial disparities in charging, conviction, or sentencing
• Challenge racially biased language by judges, prosecutors, or attorneys during proceedings
• Apply retroactively to past convictions (as of January 1, 2023)

How to use it: Your attorney can file an RJA motion at any stage of the proceedings, or file a habeas corpus petition for past convictions. The court must hold a hearing if you make a prima facie showing of a violation.

Every fact on this site comes from public records, including:

• Court filings and transcripts
• Commission on Judicial Performance decisions and annual reports
• State Bar of California disciplinary records
• ACLU lawsuits and settlement documents
• Sixth Amendment Center evaluation reports
• National Registry of Exonerations data
• California Victim Compensation Board records
• Published news reports from verified outlets
• County settlement and litigation cost reports

We do not fabricate charges, embellish facts, or present unverified claims. The truth is damning enough.

Email your case details to cajusticewatch [at] gmail [dot] com. Include:

• Case number and county
• Charges filed
• What happened (in your own words)
• Evidence of prosecutorial misconduct, judicial bias, or defense failure
• Any court documents, transcripts, or media coverage

We investigate every submission and add verified cases to our database.