Frequently Asked Questions | Los Angeles Misdemeanor Defense

Common questions about misdemeanor and criminal defense in Los Angeles County. Answers reflect general California law and Los Angeles County practice. Every case is fact-specific; consult a qualified criminal defense attorney about your particular situation.

About misdemeanors and charges

What is a misdemeanor in California?

Under California Penal Code section 17, a misdemeanor is a criminal offense punishable by up to one year in county jail, a fine of up to $1,000 (or more for specific offenses), or both. Misdemeanors carry a criminal record but do not result in state prison time.

What is the difference between a misdemeanor and a felony?

The dividing line is the maximum punishment authorized by the statute. Misdemeanors are punishable by up to one year in county jail. Felonies are punishable by more than one year, served in either county jail (for low-level felonies under Penal Code section 1170(h)) or state prison. Some offenses, called wobblers, can be filed as either misdemeanors or felonies depending on the facts and prosecutorial discretion.

What is a wobbler in California?

A wobbler is an offense that can be filed as either a misdemeanor or a felony at the prosecutor’s discretion. Examples include DUI with injury (VC 23153), domestic violence under Penal Code 273.5, criminal threats (PC 422), and many theft and assault offenses. After conviction, a wobbler felony may sometimes be reduced to a misdemeanor under Penal Code section 17(b).

What is an infraction?

An infraction is the lowest level of offense in California. Infractions are punishable only by fine — no jail time. Most traffic violations are infractions. Some misdemeanors can be reduced to infractions through negotiation.

What to do if you’ve been charged

What should I do immediately after a misdemeanor arrest in Los Angeles?

(1) Politely invoke your right to remain silent and ask for a lawyer. Do not discuss the facts of your case with anyone other than a criminal defense attorney. (2) Note the court date and courthouse on your citation, charging document, or bail receipt. (3) Preserve evidence — text messages, photos, video, witnesses. (4) Book a consultation with a criminal defense attorney as soon as practical to preserve motions deadlines and discovery options.

Do I have to appear at every court date in Los Angeles County?

For most misdemeanors, California Penal Code section 977(a) allows a defendant to authorize counsel to appear without the defendant being physically present, except for certain critical hearings (entry of a plea, sentencing in some cases). Many attorneys, including the Law Office of Zak Fisher, generally appear under section 977 so clients do not need to miss work or travel for routine status conferences.

What happens at an arraignment?

At arraignment, the court formally advises the defendant of the charges, the maximum penalties, and certain constitutional rights. The defendant enters a plea (typically not guilty), and the court addresses bail or release conditions. Future court dates (pretrial conference, motions hearing, trial) are scheduled.

What is a pretrial conference?

The pretrial conference is the court date at which defense counsel and the prosecution discuss discovery, motions, plea offers, and potential resolutions. Many cases resolve at pretrial — either through diversion, dismissal, reduction, or a negotiated plea.

Courthouses and prosecutors in LA County

What courts handle misdemeanor cases in Los Angeles County?

Los Angeles Superior Court is divided into geographic court districts. Misdemeanor cases are heard at courthouses including the Clara Shortridge Foltz Criminal Justice Center (DTLA), the Airport Courthouse (Westside), the Van Nuys Courthouse East (San Fernando Valley), the Long Beach Courthouse, the Pasadena Courthouse, the Beverly Hills Courthouse, and the Inglewood Courthouse, among others.

Who is the prosecutor in my case?

In Los Angeles County, misdemeanor cases are filed by either the LA County District Attorney’s Office or one of several city attorney’s offices (Los Angeles, Long Beach, Santa Monica, and others). Felonies are filed by the LA County District Attorney’s Office. The charging document identifies the filing prosecutor’s office.

What is a city attorney vs. district attorney?

The LA County District Attorney’s Office prosecutes felonies countywide and certain misdemeanors. City attorney’s offices (in Los Angeles, Long Beach, Santa Monica, Burbank, and others) prosecute misdemeanors arising within their respective city boundaries. Filing decisions, plea practice, and diversion availability can vary between offices.

Diversion and dismissals

What is pretrial diversion under Penal Code 1001.95?

Penal Code section 1001.95 authorizes judicial misdemeanor diversion for many California misdemeanors. The court may suspend criminal proceedings, impose conditions (community service, treatment, restitution), and dismiss the case upon successful completion. Statutory exclusions apply to certain charges, including domestic violence, DUI, and stalking.

What is mental health diversion under Penal Code 1001.36?

Penal Code section 1001.36 authorizes diversion for defendants with a qualifying mental disorder that played a significant role in the alleged offense. Eligible defendants may have charges held in abeyance pending completion of a treatment program; successful completion results in dismissal and sealing of the arrest record.

What is military diversion under Penal Code 1001.80?

Penal Code section 1001.80 authorizes diversion for current and former members of the United States military suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of military service. Eligible defendants may have charges held in abeyance pending treatment.

Expungement and record-clearing

Can a misdemeanor in Los Angeles be expunged?

Most misdemeanor convictions in California are eligible for dismissal under Penal Code section 1203.4 once probation is successfully completed (or after one year if no probation was imposed). The process is sometimes called expungement, though the legal effect is set-aside and dismissal rather than removal of the record.

How long does a misdemeanor stay on my record in California?

Absent an expungement, sealing, or diversion-based dismissal, a California misdemeanor conviction generally remains on a criminal record indefinitely. California’s automatic conviction relief under Penal Code section 1203.425 provides automatic record clearance for many misdemeanors after a defined period — but defendants should not rely on automatic relief without confirming eligibility.

Pricing

How much does a Los Angeles misdemeanor lawyer cost?

Pricing varies widely by attorney, case type, and case complexity. Many private criminal defense attorneys in LA County bill either flat fees (per case, per stage) or hourly. The Law Office of Zak Fisher uses flat-fee pricing, quoted in writing before engagement and set by case type and stage. Specific ranges are discussed during the free consultation.

Is the consultation free at the Law Office of Zak Fisher?

Yes. The Law Office of Zak Fisher offers a free 20-minute consultation to anyone facing a pending criminal charge in Los Angeles County. There is no obligation to retain.

What does flat-fee pricing mean?

Flat-fee pricing means the fee is fixed by case type and stage at the start of engagement, in writing, before any retainer is paid. There are no hourly bills and no surprise invoices. The fee covers the defined scope of work; additional stages (for example, taking a case to trial after pretrial) may be quoted separately if the case advances beyond the original scope.

About the firm

Who handles cases at the Law Office of Zak Fisher?

Zak Fisher (Cal Bar #332712, J.D. UCLA School of Law 2020) personally handles every case the firm accepts. There are no associates, paralegals fielding case questions, or appearance counsel handling court dates.

What courts does the Law Office of Zak Fisher cover?

The firm regularly appears in Los Angeles Superior Court locations including the Clara Shortridge Foltz Criminal Justice Center, the Airport Courthouse, the Van Nuys Courthouse East, the Long Beach Courthouse, the Pasadena Courthouse, the Beverly Hills Courthouse, and the Inglewood Courthouse. Zak Fisher has also appeared in Orange County and Riverside County Superior Court.

Does the Law Office of Zak Fisher handle felonies?

The practice focuses on misdemeanors. Felony matters are accepted on a case-by-case basis. Book a free 20-minute consultation to discuss whether the firm is the right fit for your case.